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HomeMy WebLinkAbout1000-100.-2-6.1$oUN ' ~ .~ KEY MAP Scale.. TYPICAL PLOT PLAN ~ ~ re~ W~T~ S~Y ~ SEW4~ ~C H~UPP4U~s N.Y. - . .~ ~ FACILITE~ F~ ALL LOTS ~ ~ flEVELffiT ~ ~A~ ~L FA~I~S ~ ~ LOT ~ C~ TO ~ ETaS ~ ~CT 4 T ~ ~ ~ c~c~ 5.0031 A°re~ , x 396.9 Test Boring 'Z F~E ~STRICT: 30 SCHO~ DISTRICT: 9 MINOR SUBDIVISION ROBERT RO WEHL A T MA TTITUCK TOWN OF SOUTHOLD S~FOLK COUNTS N 0 I DO CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED AND THAT ALL CONCRETE MONUMENTS SHOWN THUS, HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONS AND GEODETIC DETAILS ARE CORRECT. /~ ~2 ,' SIGNATURE OP ~VEYOR C PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND April 24, 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Janice Snead, Esq. Twomey, Latham, Shea, Kelley et al. 33 West 2nd Street P.O. Box 9398 Riverhead, NY 11901 Re: Subdivision for the Property of Robert Rowehl Located on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck SCTM#1000-94-4-1 & 2 and 1000-100-2-6.1 Zoning Districts: A-C Dear Ms. Snead: The Southold Town Planning Board, at a meeting held on Monday, April 23, 2007, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (Liber 11891, Page 457) in connection with the Subdivision of Robert Rowehl; the proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1; and WHEREAS, this proposal is in connection with the proposed Development Rights Sale to the Town of Southold involving the properties identified as SCTM#1000-100-2-6.1 (Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the Subdivision Map of Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998; and WHEREAS, Parcel A is approximately 27 acres upon which the Development Rights to 24 acres are proposed to be sold to the Town of Southold and Parcel B is 5 acres upon which all of the Development Rights are proposed to be sold to the Town of Southold; and Robert Rowehl Subdivision Parle Two April 24, 2007 WHEREAS, because Parcels A and B will no longer have residential development potential, the proposed modifications to the Declaration of Covenants and Restrictions are designed to provide access that is appropriate for preserved land, while ensuring that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their Work Session on January 16, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the members of the Board; and WHEREAS, on April 13, 2007, the applicant submitted the final draft amended Declaration of Covenants and Restrictions which contained all of the modifications as agreed to by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the amended Declaration of Covenants and Restrictions and authorizes the agent and/or applicant to file the document in the Office of the County Clerk, subject to the following: In the event that the Development Rights Sale to the Town of Southold does not occur, this approval shall be rendered null and void and the amended Declaration of Covenants and Restrictions will be reverted back to the original as filed in connection with the Subdivision of Robert Rowehl (Liber 11891, Page 457). This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson cc: Melissa Spiro, Land Preservation Coordinator BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETH L. EDWARDS GEORGE RITCItlE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 27, 1998 Richard F. Lark, Esq. Lark & Folts, Attorneys at Law P.O. Box 973 Cutchogue, NY 11935 Re: Proposed minor subdivision for Robert Rowehl SCTM# 1000-1002-6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 26, 1998: BE IT RESOLVED, that the Southold Town Planning Board authorize the Chairman to re- endorse the final surveys dated May 12, 1998. This subdivision received conditional approval on August 11, 1997 and was endorsed on June 15, 1998. However, as the time to file the maps has lapsed, it was necessary that the maps be re-endorsed by the Chairman. Enclosed please find a copy of the map which was re-endorsed by the Chairman. The mylar maps, which were also re-endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above, Sincerely, Chairman enc. cc: Building Dept. 11891P~457 RECORDED t 98 H~IY -h PH 2:36 Number of pages ._~ EDV/A~D P. t?O~'iAINE TORRENS CLEI~K (IF SUFFOL~ C~,,~T~ C~fi~ ~ ~or Cfi. ~ ~ / Mo~c Inseam ~ / Mo~agc T~ S~p R~or~ng / Filing 4 [ ~ES ~g ~. ~ 1. B~ic T~ No~fion Sub To~l ~. EA-5217 (C~nty) Sub To~ ~ . S~./~sit. EA-5217 (S~) S~./Add. R.P.T.S.A. ~T. ~. T~ D~ To~ D~ C~nty C~m. of E& 5 . ~ ~ , Held for Ap~ffion~ent ~o~ ¢.~ ~io~,~ ~, p~ ~ver~ by ~s mo~age is or will be improv,d by a one or two family Reg. Sub T~ ~, ~ dwel~ng only. ~S or NO O~er --' GRAND ~I. ~ ~ If NO, ~ approp~ ~ clau~ on page ' __ of ~is ~s~ment. R~I ~o~.y T~ ~i~ A~y Verif~mtbu Title Company Infor~tlon v~) ~st' ~cfion Bl~k  N/A 1000 100,00 02.00 006.000 Comply N~e N/A L~RK ~ ~O~TS ES~S Ca~~eck X Cha~e ~IN RD Payer s~e ~ R & R ~ P O BOX 973 (or if diffemnt) CU~CHOGUE ~Y 11935-0973 N~: ~ ADD,SS: RECORD & RET~N TO ~ Suffolk County Recording & Endorsement Page ~is page fores pm of~e amch~ Declarae~on of Covenants and Re~tr~ct~ons made by: ROBERT ~ ~ ~~~ ~ p=mis~s h~ is si~at~d ~ 1~'l~" ~ ~111 s~o~ ~o~, ~w ~o~. ] SoUtho}d ~ ~ mC VmLAOE planning o~o.- orH~ of Mattituck BO~S 5 T~U 9 ~ BE TYPED OR PROD ~ BLACK ~K O~Y P~OR TO ~CO~ING OR F~G. DEC~RATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this 2nd day of April, 1998, by ROBERT G. ROWEHL, residing at 2755 Oregon Road, Mattituck, New York 11952, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Oregon Road, Mattituck, Town of Southold, County of Suffolk, State of New York, designated on the Suffolk County Tax Map as District 1000, Section 100, Block 2, Lot 6 containing approximately 37.2518 acres, being the same premises acquired by the Declarant by deed dated April 3, 1973 and recorded in the Suffolk County Clerk's Office in Liber 7371 Page 590 and is more fully described in Schedule A which is attached hereto] hereinafter referred to as the "premises"; and WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 37.2518 acres into three (3) lots. NOW, THEREFORE, the Declarant does hereby declare that the aforementioned said premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. Any further development of Lot No. 3 shall provide for a 50 foot wide right-of-way from Oregon Road and/or Sound View Avenue at the Planning Board's discretion and shall be built .according to highway specifications of the Town of Southold. In the event the right-of-way is from Sound View Avenue any existing common driveway providing access to Lot Nos. 1 and 2 will be replaced by the 50 wide foot right-of-way. In addition the common driveway providing access to Lot Nos. 1 and 2 is to be located on the easterly 20 feet of the right-of-way to allow for a natural buffer area between the proposed common driveway and the existing access to the adjacent parcels on the west. 2. The construction and maintenance of the common driveway providing access to Lot Nos. 1 and 2 shall be the responsibility of the owners of Lot Nos. 1 and 2. 3. The common driveway which is to provide access to Lot Nos. 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. 4. There shall be no further subdivision of either Lot No. 1 or Lot No. 2 in perpetuity. 5. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned p~emises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, his heirs, legal representatives, distributees, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributees, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. STATE OF NEW YORK: COUNTY OF SUFFOLK: Robert G· Rowehl On the 2nd day of April, 1998, before me personally came ROBERT G. ROWEHL to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public S'T'ATE OF NEW YORK COUNTY OF SUFFOLK SS: I EDWARD P. ROMAINE. CLERK OF THE COUNTY OF SUFFOLKAND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER //~/ AT PAGE ~/~-? RECORDED -~-/~/~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL ~ AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF. I HAVE HEREUNTO SET MY' HAND AND AFFIXED THE SEAL OF SAID ~, 199~ COUNTY AND COURT THIS /-/ DAY OF h-n ~ ~.~~' CLERK ,,~.. 12~7~g 11891 457 SC~ULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: %~9 BEGINNING at a point on the northerly side of Oregon Road where the southeasterly corner of premises about to be described intersects the~southwesterly corner of land now or formerly of Joseph Poplesk~ which point is southwesterly on a course North 53° 08' 10" West a distance of 56.81 feet from the intersection of the southeasterly side of Oregon Road and the easterly side of Elijah's Lane; running thence South 59° 44' 00" West along the northwesterly side of Oregon Road 500.99 feet to land now or formerly of Joseph Zimnoski; running thence along said land the following two courses and distances: (1) North 24~ 23' 40" West 3326.28 feet; and (2) %hence North 24" 33' 00" West 183.63 feet to the southeasterly side of Soundview Avenue; thence along the southeasterly side of Soundview Avenue the following two courses and distances: (1) thence North 57~ 05' 30" East 209.41 feet; and (2) thence North 49" 52' 20" East 222.06 feet to land now or formerly of Joseph Popleski; thence along said last mentioned the following four (4) courses and distances: (1) South 26° 02' 10" East 171.70 feet; (2) South 25° 48' 00" East 506.27 feet; (3) South 25° 27' 00" East 824.65 feet; and (4) South 25° 40' 00" East 2048.10 feet to the northwesterly side of Oregon Road at the point or place of BEGINNING. DECLARATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this 2nd day of April , 1998, by ROBERT G. ROWEHL, residing at 2755 Oregon Road, Mattituck, New York 11952, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Oregon Road, Mattituck, Town of Southold, County of Suffolk, State of New York, designated on the Suffolk County Tax Map as District 1000, Section 100, Block 2, Lot 6 containing approximately 37.2518 acres, being the same premises acquired by the Declarant by deed dated April 3, 1973 and recorded in the Suffolk County Clerk's Office in Liber 7371 Page 590, hereinafter referred to as the "premises"; and WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 37.2518 acres into three (3) lots. NOW, THEREFORE, the Declarant does hereby declare that the aforementioned said premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. Any further development of Lot No. 3 shall provide for a 50 foot wide right-of-way from Oregon Road and/or Sound View Avenue at the Planning Board's discretion and shall be built according to highway specifications of the Town of Southold. In the event the right-of-way is from Sound View Avenue any existing common driveway providing access to Lot Nos. 1 and 2 will be replaced by the 50 wide foot right-of-way. In addition the common driveway providing access to Lot Nos. 1 and 2 is to be located on the easterly 20 feet of the right-of-way to allow for a natural buffer area between the proposed common driveway and the existing access to the adjacent parcels on the west. 2. The construction and maintenance of the common driveway providing access to Lot Nos. 1 and 2 shall be the responsibility of the owners of Lot Nos. 1 and 2. 3. The common driveway which is to provide access to Lot Nos. 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. 4. There shall be no further subdivision of either Lot No. 1 or Lot No. 2 in perpetuity. 5. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, his heirs, legal representatives, distributees, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributees, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the re.est of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor bo~, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be rewired. Robert G. Rowehl STATE OF NEW YORK: COUNTY OF SUFFOLK: ss. On the 2nd day of April, 1998, before me personally came ROBERT G. ROWEHL to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public PLANNING BOARD MEMBERS$ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 16, 1998 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 15, 1998: BE IT RESOLVED, that the SOuthold Town Planning Board authorize the Chairman to endorse the final surveys dated May 12, 1998. Conditional final approval was granted on August 11, 1997. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. As noted in the conditional final approval, the revised deeds for all 3 lots must be filed in conjunction with the filing of the final subdivision map. Please contact this office if you have any questions regarding the above. Sincerely, enc. cc: Tax Assessors Building Department AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 2755 Oregon Road, Mattituck, New York by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on April 23, 2007 I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Or%on Road and Soundview Avenue Martha Bos Your Name (print) Signatur~ Center Moriches, New York 11934 Address April 20, 2007 Date Notary Public DOLOR£$ E. QU~CK Notary Public, State of New Yod~ No. 4869739 Ouellfled In Suffolk County Commission Expires Sept. U~ APR zO 2007 ,~outhold Town PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 4/20/07 Re: Proposed Amendment to Covenants & Restrictions for Standard Subdivision of Robert Rowehl SCTM#: 1000-100-2-6.1 Date of Hearing: Monday, April 23rd, 2007 at 4:00 p.m. O~F C~AL P~ctage I~r° Allan Arrieta ' ~,~,a~+~ Hampton Bays, New York 11946 .............................. ................. OFFiCiAL Charles Smithen J ~-~-~:-~ .................................................................... [orPO,eox~. 160 Fifth Avenue J [~,~,,,¢;7-~;;~:--~;;-~;;~--~~ .................. j ts~zo Russell Weiss ~EA~:'~:~ ....................................................................... oreOaox~. Post Office Box 641 ~,~;'~' 2/*.~-~ ..................................................................... J~enter Moriches, NY 11934 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Post~ge & Fees ~ [sen~T°Robert Sidor ~W~W~ ~,~'f ~,~,:~ ....................................................................... o~POeox~ 730 Stgsbee Road ~:'~:~;~'"'~;'~';;~:'~',;;:E'"{~;;;:;";~;';{;"'~'i'E~' .......... OFF CtAL $ $ L o, ~o ~ ~._...4..O.5.O...~.o.u..n.~.v.~,~.~..A~zL~ ...................... J Mattituck, New York 11952 I OFFiCiAL '~stage cer th'~:l Fee Retum Receipt Fee ~1~ef~tTO Diane S~.TtJ-th ................................... Smith .......... 1 ............................................................. [~.~.~.~.....~...~.a..u...r.~..~..a.~. .................................... 1 Matinecock, New York 11560 I '~r°Paul B. Taylor ........ 1 torm~~o. 27 Van Dam Street ..................... 1 ~FA~?~? ............................................................ New York~ New York 10013 ~ Postage $ FU r-~ Cerli§ed Fee m / 8oundv~_ew ................................... ~£'A~'t7 ~ .................................... e t P-[orPO~xNo. 27 Van Dam Stre ~/~-rence [., ~eckiAAer I I-~'.~7 ~:,7 ................................................................... 1 [o~,O~oxNo. 3805 Soundview Avenue J ~,'*&; *~; 2~;,~ ...................................................................... J Mattituck, New York i1952 J =-'~J OFFiCiAL USE I $ ~ JWindy Hill Associates LLC D,-~-~-~[~X ..................................................................... ~ar~eston, South Carolina 29401-2658 FF~C~AL USE Total Postage & Fees J3 E:3 E~nt To ~-' / Kelly J. Kaelin ~- ~/~Wg 'AB't7 ~ f ....................................................................... [orPO~No. 3312 Soundview Avenue /~:'~:~;i:~i'i;J;~;'''~;;;'':~';';V'i'~¢ :~ ........... J3~? [~ro Frank Imbriano I~ ~'A~Y' ': ....................... : .......................... /c~,s~.,z~P+4 Mattituck, New York 11952 Postage $ r~ ! Brian Pessin ,'- r~,~'~r~-,:~: ....................................................................... Lo_; ~_...~.o.......3..t. 9...~ .a..s...t... 2 A .t.h....s..t..r..e...e..t. ........................ Ici~'s~t°'zt~+4New York~ New York 10021 Postage $ Retum Receipt Fee (Endorsement Required) ~ent To Gordon R. Heins ~'A~7~? ...................................................................... ~.~.?~..._~..~..o.o.....O..r.~?..n....~o..a.~. ................................... ~Y's~te'~+4Mattituck, NY 11952 Southold Town Planninq Board Notice to Adjacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for an amendment to the Covenants and Restrictions of his standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-100-2-6.1; 3. That the property which is the subject of this application is located in the A-C Zone; That the application involves amending the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1. The properties are located in the Agricultural Conservation District on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; That a special public hearing will be held on the matter by the Planning Board on Monday, April 23, 2007 at 4:00 p.m. in the Meetin,q Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Robert Rowehl Date: 4/11/07 · Com~iste itan~ 1, 2, and 3. AISo complete item 4 it Restricted Delivery Is desired. · Print your name ~ address o~ the reveme · Attach this card to the back of the malipisce, or on the front If sbaca, permits. 1. A~lcle Ad~ ~: Frank Iabriano 3414 Soundview Avenue Mattituck, New York 11952 [] Addressee C. Date of DelNe~y D. Isd~ivetyaddres~d~ffemntfmmlteml? DYes ff yES, enter delivery address below. []No PS Form 3811, February 2004 7006 0810 0002 1640 Domestic Retum Receipt Iter9 4 it Restricted Delivery Is desired. · Pri~ your name and address on the reverse so ~hat we can retum tba card to you. : · At,ch this card to the back of the mall~, [~Ce~fftdd M~I [] Express Ma~ [] Registered [] Remm Receipt for M~ ~ In~ ~1 ~ C.O.D. 4. ~ ~ ~) DYa 9170 ~Diane Smith ~21 Laurel Lane IMatinecO~k, New York 11560 I ss different from item 1~' [] 'ffes ive~y address below: .,~No 3.~'~/~ Type [] Reglsteeed [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Re~t~ctdd DOI~ ~F_~Z~ ~e) []y~ _ ~?~,.~ ,, 7006 0810 0002 1640 9231 Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Aiso compiste Item 4 it Res~cted Delivery Is dsoimd. · Print your name and address on the reveme so that w~e can return the can~ to you. · Attach tills card to the back of the mailpisoe, or on tht front if sp~ca perm.. Lawrence E. Deckinger 3805 Soundview Avenue Mattituck, New York 11952 ~ ca Addre~ee e. Rece~d by CP~r~ Na~) i C~Date of Dolhm~y D. Isdeliveryaddmssdlffemnt)afomlteml? DYes []No [] Exp~e~a Mall [] Retum Receipt for Merchandise [] C.O.D. 4. Restflcted Delivery? (Ex~a Fee) DYes 2. Adtcte Number (rmns fer from se~ce ,'aZ~9 7006 0810 0002 1640 9224 PS Form 3811, Februmy 2004 Domestic Return Receipt 10~SgS-~-M-Isae' · Compiste items 1, 2, and 3. Nso comp ete item 4 if Restricted Deliver/is desired. · Print your name and address on the reverse so that we can rebJm the card to you. · Attach this card to the back of the mallplece, or on the flont if sl3a~ pen-nits. Gordon R. Heins 2200 Oregon Road Mate±tuck, New York 11952 2. mt~e Num~r * 7[ PS Form 3811, February 2004 Dame · ~ your name end address on the reverse _so, that we can return the card to you. · A~ach this card to the back of the mailpiece, 1. A~c~e Addreesed to: Kelly J. Kaelin 3312 Soundview Avenue Mattituck, New York 11952 2. ArMcie Number 7nn' · Print your name and address on the reveme · so tl~at .w.e cen retum the cared to you. Atta~.thm card to the back of the mailpisce, 1. Arti~e Addreeesd to: Ralph Badagltacca 4 Madsen Court B. Recaived by ( PSnted Name) [] Reg!steeed [] Retum Receipt for Memhandles [] Insured Mall [] C.O.D. 4. Reshlcted Deliver/? (Extra Fee) []Yes 7006 0810 0002 1640 9101 D~k3 Retum Receipt ~ Signature D. Isdelive~yaddr~sdiffem~tfmmiteml? r-i yes ff YES, enter delivery address below: [~o [] Reg~m~ [] Ream Rec~pt fcr MercMnd~ [] InSUred Mall [] C.O.D. 4. Restrfcted De~ (Extra Fee) [] Yes 0810 0002 1640 9163 ~. Signature a. Date of O~k~ry D. Isdeflvet~ 17 r-lyes if YES, enter delivery address belo~ [] No Mount Sinai, NY 11766 [] In~ured Mall [] C.O.D. 4. R estn~-~ecl Delivery? (Extra Fes) []Yea 2. ~ Nu~ ~~ 7006 0810 0002 1640 9088 PS Fo~ 381rl, Febm~ 2~ ~m~o Rmum R~ !~ item 4 if Restflcted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpleca, or on the front if space permits. 1. Article Addressed to: Robert Sidor 730 Sigsbee Road Mattituck New York 11952 D. isdailvee/addmssdiffemnt fmmiteml? u [] Insured Mail [] C.O.D. 4. Restrloted Daih~'y? (Exes Fee) []Yes 2. NfldaNumber 7006 0610 0002 1640 9132 PS Form 3811, February 2004 Domestic Return Receipt --i · Complete Items 1, 2, and 3. AJso co~nplete ~, Item 4 If Restricted Delivery is desired. Z i · Pd~ your name and address on the reverse ~ ~o Rat we can tatum the card to you. t · ~A?~[~h.._thl.S c .a.~....... to the bank of the mailp ece, Russell Weiss :Post Office Box 641 ~Center Moriches, NY 11934 2. Arllcle PS Form 3811, February 2004 D. Is daiive~ address diffem~ from item 1 If YES, enter delivery addre~ below:. i. Type ~eca~lfl~e~ Mail [] F-xpree~ Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. ..~ 4. Re~t~cted Delivery? (Exes Fee) []Yes 7006 0810 0002 1640 Domestic Return F~elpt 9095 TWOMEY, LATHAM, SHEA, KELLEY, DUB1N & QUARTARAI~O LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P.O* BOX 9398 RtVERHEAD, NEW YORK 11901-9395 PJ;l[fllgl;ll~J'If'. ~1 .... 7006 0810 0002 1640 9620 Diane Smith 21 Laurel Lane 049J82039191 04/11/M007 Mailed From 11901 US POSTAGE ilmmm iE Ililllllll II IIII III III III II I III IIIII Ilmmli IIIIII IIIII IIIImmmmmmll THOMAS A. TWOMEY, JR. STEPHEN B LATHAM JOHN f. SHEA, III TW~EY, LATHAM, SHEA, KELLY, DUBIN & QUARTARARO LLP Attorneys at Law Mailing Address POSt Office Sox 9398 Riverhead New York 11901-9999 33West Second Street Riverhead New York 11901-9399 Telephones 631.727.2180 Facsimile: 631.727.1767 www.suffoIklaw, com April 12, Town of Southold Planning Board P.O. Box 1179 Southold, New York 11971 Attention: Jerilyn B. Woodhouse, Chairperson Re: OF COUNSEL KENNETH P, LAVALLE JOAN C. HATFIELD 2007 ................... Property of Robert G. Rowehl SCTM#1000-94-4-1,2 and 1000-100-2-6.4 Application to Modify ~ ~:~'~'~ Declaration of Covenants and Restrictions and Filed Subdivision Map #10209. Dear Chairperson Woodhouse and Members of the Board: This firm represents Robert G. Rowehl, who resides at 2755 Oregon Road, Mattituck, New York. Mr. Rowehl is the fee owner of the three parcels referenced above that were created pursuant to minor subdivision approved granted by the Planning Board subject to a Declaration of Covenants and Restrictions dated April 2, 1998, recorded May 4, 1998 at Liber 11891, Page 457. Mr. Rowehl has recently accepted the Town of Southold's offer to purchase the development rights for lot 94-4-2 consisting of approximately 5 acres as well as the development rights for 24 of the 27 acres of lot 100-2-6.1 subject to modification of the existing Covenants and Restrictions as well as the Filed Map. Because residential development will no longer be permitted on lot 94-4-2 or part of lot 100-2-6.1, it is respectfully requested that the Planning Board approve the proposed modification as contained in the proposed Declaration of Covenants and Restrictions attached hereto, after public hearing. The proposed Covenant will permit lot 94-4-1 to have direct access from Sound View Avenue as opposed to a shared driveway with lot 94-4-2 as required by the existing Covenant. The proposed Covenant will permit lot 94-4-2 to have access over lot 100-2-6.1 instead of lot 94-4-1 as required by the existing Covenant. 20 MAIN STREET 51 HILL STREET 105 ROUTE 112, FL 1S 400 TOWNLINE ROAD 56340 MAIN ROAD, P. O, BOX 325 EAST HAMPTON, NY 11937 SOUTHAMPTON. NY 11968 PORT JEFFERSON STA., NY 11776 HAUPPAUGE, NY 11788 SOUTHOLD, NY 11971 631.324.1200 631.287.0090 631.928.4400 631.265.1414 631.765.2300 Page --2- Finally, the proposed Covenant shall render void the notations on the Filed Map which (a) identify the "area to provide common driveway access for Lots 1 and 2" and (b) state that "no vehicular access" for Lot 1 shall be permitted. On behalf of our client, it is requested that this matter be scheduled for public hearing. Respectfully, Janice L. Snead JLS:jan Cc: Melissa Spiro Land Preservation Coordinator Lisa Kombrink, Esq., Special Counsel PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SiDOR GEORGE D. SOLOMON JOSEPtt L. TOWNSEND MAILING ~M)DRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 10, 2007 Janice Snead, Esq. Twomey, Latham, Shea, Kelley, Dubin and Quartararo, LLP 33 West 2"d Street P.O. Box 9398 Riverhead, NY 11901 Re~ Subdivision for the Property of Robert Rowehl The properties are located on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck. SCTM#1000-94-4-1,2 and 1000-100-2-6.1 Zoning Districts: A-C Dear Ms. Snead: The Southold Town Planning Board, at a meeting held on Monday, April 9, 2007, adopted the following resolutions: WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1.; and WHEREAS, this proposal is in connection with the proposed Development Rights Sale to the Town of Southold involving the properties identified as SCTM#1000-100-2-6.1 (Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the subdivision map of Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998; and WHEREAS, Parcel A is approximately 27 acres, upon which the Development Rights to 24 acres are proposed to be sold to the Town of Southold, and Parcel B is 5 acres upon which all of the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, because Parcels A and B will no longer have residential development potential, the proposed modifications to the Declaration of Covenants and Restrictions are designed to provide access that is appropriate for preserved land, while ensuring that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and Robert Rowehl Subdivision Page Two April 10, 2007 WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their work session on January 16, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the members of the Board; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination that the proposed action is a Type II and not subject to review; and be it further RESOLVED, that the Southold Town Planning Board set Monday, April 23, 200'/at 4:00 p.m. for a public hearing on the proposed amendments to the Declaration of Covenants and Restrictions originally recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision for the Property of Robert Rowehl. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday~ April 20th. The si.qn and the post need to be retu--~-~neci ~ P-i~-~anni-'~.q Board Office after the public hearin,q. If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson cc: Melissa Spiro, Land Preservation Coordinator C Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for an amendment to the Covenants and Restrictions of his standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-100-2-6.1; 3. That the property which is the subject of this application is located in the A-C Zone; That the application involves amending the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1. The properties are located in the Agricultural Conservation District on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; That a special public hearing will be held on the matter by the Planning Board on Monday, April 231 2007 at 4:00 p.m. in the MeetinR Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Robert Rowehl Date: 4/11/07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 4~20~07 Re: Proposed Amendment to Covenants & Restrictions for Standard Subdivision of Robert Rowehl SCTM#: 1000-100-2-6.1 Date of Hearing: Monday, April 23rd, 2007 at 4:00 p.m. ROBERT ROWEHL Amendment to Covenants & Restrictions for Rowehl Standard Subdivision 1000-100-2-6.1 Proposal to amend C&R's to allow access to SCTM#1000- 94-4-2 in the A-C Zone. MONDAY, APRIL 23, 2007 -4:00 P.M. Page 1 of 1 Randolph, Linda From: JOAN ANN [jaweber@timesreview.com] Sent: Monday, April 09, 2007 10:02 AM To: Randolph, Linda Subject: Re: legal ad for 4/23 special meeting of Planning Board Linda Received for publication 4/12 Joan Ann ..... Original Message ..... From: Randolph, Linda To: JOAN ANN Sent: Monday, April 09, 2007 9:04 AM Subject: legal ad for 4/23 special meeting of Planning Board Joan Ann, Please publish the attached notice of 4/23 Special Hearing and confirm receipt. Thankyou, Linda 4/9/2007 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant Section 276 of the Town Law of Southold, a special public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 23rd day of April, 2007 on the question of the following: 4:00 p.m. Proposed amendment to the filed Declaration of Covenants and Restrictions for the subdivision of Robert Rowehl, located on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map #1000-100-2-6.1 Dated: 4/9/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, April 12, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 9th day of April, 2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town. Clerk's Bulletin Board~ Southold Town Hall, 53095 Main Road~ Southold, New York. 04/23/07 Special Public Meeting: 4:00 p.m. - Public Hearing for the proposed amended Declaration of Covenants & Restrictions for Robert Rowehl Subdivision - SCTM# 1000-100-2-6.1 Sworn to before me this day of ,2007. Notary Pu'b-lic Secretary, Southold Town Planning Board MELANIE DOROSKI NOTARY PUBLIC, Stale of New York No. 01DO46348'/0 Qualified in Suffolk Counfy C0mmissi0n Expires September 30,"~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant Section 276 of the Town Law of Southold, a special public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 23rd day of April, 2007 on the question of the following: 4:00 p.m. Proposed amendment to the filed Declaration of Covenants and Restrictions for the subdivision of Robert Rowehl, located on the s/s/o Sound View Avenue and the n/s/o Oregon Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map #1000-100-2-6.1 Dated: 4/9/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson #8327 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 12th day of April, 2007. Principal Clerk Sworn to before me this 2007 CHRISTINA VOLINSKt NOTARY PUBLIC-$TA~'E C~ NEW YoRK NO. 01 -vO6! Qualified In SuffC[;, County CommiSsion Expires F~,oluar\ Notice of l~blic Hemlag NOTICE 1S HEREBY GIVEN that, pursuant Section 276 of the Town Law of Southold, a special public heating will be held by the Southold Town Planning Board, at the Town Half, Main Road, Southold, New York on the 23rd day of April, 2007 on the question of the fol- lowing: 4.'00 p.m. Proposed mnendment to the filed Declaration 6f Covenants and Re~ strictions for the subdivision of Robert Rowehl, located on the s/s/o Sound View Avenue and the n/s/o Oregon Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map #1000-100-2-6.1 Dated: 4/9/07 BY ORDER OFTHE SOLrl~OLD TOWN PLANNING · Jerilyn Bi Woodhouse Chairperson 83274T 4/12 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 VIA FACSIMILE AND MAIL March 28, 2007 Janice Snead, Esq. Twomey, Latham, Shea, Kelley, Dubin and Quartararo, LLP 33 West 2"d Street, Box 9398 Riverhead, NY 11901 Re: Property of Robert Rowehl SCTM#1000-94-4-1,2 and 1000-100-2-6.1 Dear Ms. Snead: I have reviewed the proposed amended Declaration of Covenants and Restrictions for the above- referenced properties. The following revisions shall be required: 1. When referencing the lots, use the correct tax map numbers throughout, as follows: 94-4-1, 94-4-2, and 100-2-6.1. Add a clause which states: These amended Declaration of Covenants and Restrictions shah render void the map notations which (a) identify the "area to provide common driveway access for Lots 1 and 2" and (b) state that "no vehicular access" for Lot 1 shah be permitted, as shown on the approved subdivision map (Filed Map # 10209). 3. Replace the first clause with: Access to Lot 94-4-1 shah be permitted from Sound View Avenue. Replace the second clause with: Access to Lot 94-4-2 shah be provided over a single common access over Lot 100-2-6.1. The common access or right-of-way over lot 100- 2-6.1 from Sound View Avenue shah be built according to Town of Southold requirements. 5. Replace the fourth clause with: Run-offassociated with the future construction of the common access shah be contained on site. Be advised that we are planning to schedule the public hearing for this project for April 23, 2007 at 4:00pm. We WRI let you know when the public notice materials are ready for pick-up. Please submit the revised Covenants and Restrictions as quickly as possible so that there is enough time to review the document and make final changes, if any, before the heating. If you have any questions, please free to contact this office. Sen/or Planner Cc; Melissa Spfio, Land Preservation Coordinator Kieran Corcoran, Assistant Town Attorney 03/23/2007 1~:4: F~× 63q5741255 TWO~EY L^TH^~ ~001/006 TWOMEY, LATHAM, SI-IF~ KEIII~y, DUBIN & Q.UARTARARO, lJ.p 33 WEST 2ND ST., BOX 9398 RIVIng, NY 11901 TI:LF. PHOICE (631) 727-2180 TELEFAX (631) $74-1258 FAX COVER SHEET TO: FAX NO.: Anthony P, Trezza, Senior Planner, Town of Southold 631-765-3136 CC: ' FAX NO.: Meliasa A. Spiro, Land Preservation Coordinator 631-765-6640 FROM: Janice Snead, Esq. CODE# 1460 TRANSMISSION DATE: March 23, 2007 ROBERT ROWEHL TO TOWN OF SOUTHOLD Development Righ{$ Eask-menl - 29+__aere~ SCTM #1000-100-2-p/o G.1 (24+ ams) #1000-94-4-2 (5+ a~es) Locatiom 2755 O~e~on Road, l~tfituck 2007 NUMBER OF PAGES FOLLOWING THIS COVER SHF. Er: $ IF ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727-2180 AND NOTIFY: DIANE PALADINO THIS TRANSMISSION IS ]NTI~D~D ONLY FOR THI~ USE OF THE INDIVIDUAL OR ~NTl'lf TO WHICH IT IS ADDRES$IID, AND MAY CONTAIN CONFIDENTIAL INFORMATION BliLONGING TO TI~ $~bIDl~ WHICH IS PROTECTED BY THE ATTORNEY-.CIJENT PRIVILEGE OR OTHER DOCTRINE. IF YOU ARE NOT TI'I~ INTItNDI~D REClPIIINT, YOU ARlt HERIffiY NOTIIalIID TRAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR TI~ TAKING OP ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS $'I'RICTL¥ PROItIBITI~D. IF YOU HAVE I~CEIVED THIS TRANSMISSION IN ERROR, IMMEDIATELY NOTIFY US BY TELl]PHONE TO ARRANGE FOR ]TS R1TURN. 08/2~/2007 ll:4S F/,,: ~0,:7.1~5~ T~O~EY LATHAW ~002/008 ~'~'Oi~EY, LATHAM, SHEA, DUBIN & QUARTARARO Lev Anthony P. Trezza Senior 151anner, Town oi ~uthold Southold Town Hall Annex 54375 State Rout~ 25 P.O. Box 1179 Southold, New York 11971-0959 March 23, 20O7 ROBERT ROWEHL TO TOWN OF SOUTHOLD ..... Development Rights Easl~ment- 29+acres SC'I'M #1000-100-2-p/o 6.1 (24.t acres) #1000-94-4-2 (5+ acre~) Location: 2755 Oregon Road, Mattituck Dear Mr, Tre~za: In fiirtherance of our meeting relative to the above matter, I have drafted a propo~t Declaration of Covenants and ResUictions and ~nclose same for your review and comment. I/the proposed covenant is acceptable, I will submit same to the Planning Board with a £ormal request for public hearing. Thank you for your continued courtesy and cooperation. I look forward to hearing from you. Very truly yours, ILS:dp Eric. cc w eric.: Melissa A. SI:tiro, Land Preservation Coordinator RESOLUTION FOR March 27, 2007 TBd MEETING Resolution for development rights purchase Rowehl property SCTM #1000-100-2-p/o 6.1 and #1000-94-4-2 WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of development rights easements on certain parcels of properties owned by Robert Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, nmning northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement on Parcel A comprises approximately 244- acres (subject to survey) of the 274- acre parcel and 54- acres of Parcel B in its entirety. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 244- acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 54- acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 244- acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on agricultural lands owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000- 94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-2-6.1 consisting of approximately 24* acres (subject to survey) of the 27:t: acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94- 4-2 consisting of 54- acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) for the 244- easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 54- acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The 244- acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. JUOfI'H T, 1TRRY,'TOWN CLBtK Tovm of Southekf Souffl(~l, New ¥o~k 11971 P~o~o: 519-7~5-19(X) RECEIVEDOF: ~ ~ .Ec~l~ 0 5 815 8 DATE --~ ~~.. ,~ /.s'-o o. '." I RECENED OF: FOR: JU~JTHT.11~,T~ C~ To~m of 8oulhCd SouthoId, Ne~ YO¢~ 11971 Phone: 516-7~5-1~00 .~CEIP~ 060600 , ~zoO.~ BY: / ELIZA~ ETH A. NEVILLE, TOWN CLERK RECEIPT 68882 To',~ of Southold ~' Southold, New York 11971 _.~_~ ~' ., Pho~le: 516-765-1800. DATE 19__ R,CE,"EDO~ ¢.,X,..,4'..~, ~ , ~ooo.°' CASH · *~HECK~ f:~-'?~ "~"~'"~-7"~ BY: INFORMATION IN REGARD TO APPROVED SUBDIVISION SCTM# 1000- C20-~- ~) Subdivision approved by Planning Board on '-~o~o ~ Subdivision filed in Suffolk County Clerk's Office Zone at time of approval i~- C Current zone /~ ' C~ Date zone verified Clustered subdivision: Yes No Covenants and Restrictions filed for subdivision: Building envelopes shown for individual lots: Front Yes ~, No (see below/attached for details) Yes No ~' If No, set-backs for all lots within subdivision: A -C___ ~e~,,,' ~,~. Rear Side yard ;UBDIVISION IS SCTM# 1000- _ FOR~ LO~N IN MINOR SUBDIVISION (NO ROAD) C~m.,~plete applic~ation received Application revle ~ at orK session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map ACRES LOCATED ON Sent to County Planning Commission Receipt of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval . Final Public Hearing Approval'of subdivision -with conditions ~ndorscment of subdivision APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentailve) (final) appl'oval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . minor' sub,div/s.ion o.f. Rober't Rowehl--- The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested,) The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: 3 71 7 Liber ..... '. .................. Page ............. On ...................... Liber Page On ' Liber Page On ' Liber Page On ' Liber Page On ' as devised under the Last Will and Testament of ....................................... or as distributee .................... , .................................................... 5. The area of the land is 3 7.2 5 1 8 acres. 6. All taxes which are liens on the'land at the date hereof have been' paid except ............ 7.The land is encnmbered by' .......................... ~ ............................. mortgage ($) as follows: (a) Mortgage recorded in Liber .............. Pa~e .................. in orlglna amount of $ .............. unpaid amount $ ............ ' ......... held by ....................... .............. address ................................................................. (b) Mort.~a~e recorded in Liber ......... Pa~e ....................... in original amok, mt o~ .............. unpaid amoont $ ...................... I by' ..................... .............. address ..................... "__'F£B 2 t5 1996 L Sbdl:',,~=.v ')' .' (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ........ :': ............ held by ...................... ................... address ................................ .... There are no other encumbrances or liens against the land l~;:ll~ ........................ 9. The land lies in the following zoning use districts AC 10. No part of the land lles under water whether tide ~vater, stream, pond water or other~vise,, ex- 11. 12. 13. 14. 15. 16. 17. ~8. 19. 20, NONE cept ............................................................................ - ....... The applicant shall at his expense install all required public improvements. The land (~ev~ (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if within a District, is .............................................................. Water mains will be laid by .... N/A and (a) (no) charge will be made for installing said mains. Electric lines and standards will be installed by .... L.LL~].O .............................. ..................................... and (a) (no) charge will be made for installing said lines. Gas mains will be installed by N/A ...................... and (a) (no) charge will be made for installing said mains. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County I'Iighway system, annex Schedule "B" hereto, to show same. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold }[ighway system, annex Schedule "C' hereto'to show same. There are no existing buildings or structures ou the laod which are not located and shoxvu on the plat. ., Where tile plat shows proposed streets xvhich are cxteusious iff streets on adjoiu~nL~ sub- dk-lslon maps heretofore filed, there are no reserve strips at the end of the streets on said l:xisting maps at their coojuuctious with the proposed streets. In the course of these proceedings, the a[)plicaut will offer proof of title as required by Sec. ,335 of tile Real Property Law. Submit a copy o~ proposed deed for lots _4rowing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $.'. ........ as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". .............................................. (Name~of Appllcant~ By ~ ............................ ?: (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ................................. ss: · .~.~ ............0 ~0~ r ~-~-~.~0//¢ ¢-~3 ( .......................... tO me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ...~ ... executed the same. fi;~&rr Public " STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... byforc me personally came ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................. that ................ ,. ......... is the .......... the corporation descriP/ed in and ~vhlch execttted the foregoing' instrument; that ............ knows the seal of said corporation; that the seal affixed by order of tile board of directors of said corporgtion. and that ............ signed .............. name thereto by like order. Notary Public 14-16-2 [2/87]--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer· Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a proiect or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially~large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I [] Part 2 F'lpart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] 8. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A.Conditioned Negative Declaration is only valid for Unlisted Actions ~ !? !? ~ ~ ' Name of Action *.-- ..... Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Ag~'nCy Signature of Preparer (If different from responsible officer) Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additionar information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on. information currendy available and Will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME QF ACTION minor subdivision of Robert Rowehl LOCATION OF ACTION (Incluc~e Street Address, Municipality and County) d/s Oregon Road, Mattituck NAME OF APPLICANT/SPONSOR Robert Rowehl, Henry E. Raynor, agent BUSINESS TELEPHONS (516) 298-8420 ADDRESS 320 Love Lane CITY/PO STATE J ZIP CODE MattJtuck, NY I 11952 NAME OF OWNER (If different) BUSINESS TELEPHONE ADDRESS CITY/PO DESCRIPTION OF ACTION STATE ZIP CODE minor subdivision of 37+ acres Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: C]Urban ~llndustrial ~Commercial )<[]Residential (suburban) /-1Forest YC]Agriculture I-]Other 2. Total acreage of project area: 3 7.2 5 1 8 acres. APPROXIMATE ACREACE PRESENTLY AFTER COMPLETION Meadow or Brushiand (Non-agricultural) acres acres Forested acres acres Agricultural {Includes orchards, cropland, pasture, etc.) 34 acres 24 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type), bu i ! d ing ] ot 3 acres 3 acres 3, What is predominant soil type(s) on project site? top SOl. !, !Dam, stoney bank run a. Soil drainage: R'lWell drained 1 00 % of s. ite ~]Moderately well drained , % of site I-~Poorly drained % ol~ site b. If any agricultural land is revolved, ho~v many acres of soil are classified within soil group 1 through 4 of the NY~ Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~Yes a. What is depth to bedrock? (in feet) 2 C]Rurat (non-farm 015% or is proiect substantially contiguous to, or contain a building, site, o~' district, listed on the State or the National Reliisters of Historic Places? DYes is proiect substantially contiguous to a site listed on the Re~ister of National Natural Lnndmarks~ ~Yes ~No What is the depth of the water tnble~ + ~ 5(in feet) g. Is site located over ~ primary, principal, or sole source aquifer~ ~Yes ~No 10. Do hunting, fishin~ or shell fishin~ opportunities presently exist in the proiect ~rea~ ~Yes ~No 11. Does proiect site contain ~.nv species of plant or ~nimnl life that is identified ~s threatened or endan~ered~ ~Yes ~No Accordin~ to Identify each species 12. Are there any unique or unusual land forms on the proiect site~ (i.e., cliffs, dunes, other ~eolo~ical formations) ~Yes ~o Describe 13. is the proiect site presently used by the community or neighborhood as an open space or recreation area? F'lyes )ONo If yes, explain 14. Does the present site include scenic views known to be important to the community? ayes ~No none 'IS, Streams within or contiguous to proiect area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name [lone b. Size (In acres) 17. Is the site served by existing public utilities? (~Yes nNo a) If Yes, does sufficient capacity exist to allow connection? I~Yes I-INo b) If Yes. will improvements be necessary to allow connection? x~]Yes I-1No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article Section 303 and 304? DYes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 D-lYes K1No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lyes ~No C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 3 7.2 5 1 8 acres. b. Project acreage to be developed: 1 0 acres initially; 1 0 acres ultimately. c. Project acreage to remain undeveloped ?4 acres. d. Length of project, in miles: n/a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 %; f. Number of off-street parking spaces existing g. Maximum vehicular trips generated per hour 2 h. If residential: Number and type of housing units: One Family Two Family Initially 2 Ultimately 2 i. Dimensions (in feet) of ~argest proposed structure height; j. Linear feet of frontage along a public thoroughfare project will occupy ; proposed per code [upon completion of project).; Multiple Family Condominium width; 935 ft. length. 3 2..How much natural material (i.e., rock, earth, etc.) will be removed from th ire? 0 o 3. Will disturbed areas be reclaimw []Yes a. If yes, for what intend.,~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I-lYes ~-INo c. Will upper subsoil be stockpiled for reclamation? (l-lYes f-INo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~No 6. If single phase project: Anticipated period of construction i'1//a months, (including demolition). tons/cubic yards 7. If multi-phased: a. Total number of phases anticipated , (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase ,,. month d. Is phase 1 functionally dependent on subsequent phases? (l-lYes 8. Wilt blasting occur during construction? CIYes [~No 9, Number of jobs generated: during construction 0 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? f-lNo year, (including demolition). year. ; after project is complete OYes [~No If yes, explain 12. Is surface liquid waste disposal involved? I-lYes I~lNo a. if yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluen~ will be discharged 13. Is subsurface liquid waste disposal involved? dYes I-INo Type domesti c sewera,qe 14. Will surface area of an existing water body increase or decrease by proposal? (l-lYes k"lNo Explain 15. 16. 17. 18. 19. 20. 21. Is project or any portion of project located in a 100 year flood plain? []Yes Will the project generate solid waste? ~lyes C1No Dome s t i c o n I y a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? I'qYes DNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No ~iyes r-INo Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? Will project use herbicides or pesticides? OYes l-lyes ~No tons/month. years. rflNo Will project routinely produce odors (more than one hour per day)? [~Yes Will project produce operating noise exceeding the local ambient noise levels? Will project result in an increase in energy use? []lYes L'-INo If yes , indicate type(s) domestic electricity x~]No 0-1yes ~"lNo 22. If water supply is from ~et[s, indicate pumping capacity 23. Total anticipated water usage per day -t- 600 gallons/day. 24. Does project involve Local, State or Federal funding? i-lyes If Yes, explain gallons/minute, per SCDOHS Y(]No 2....A .,, .rals Required: City, Town, VillaGe Board OYes ~No City, Town, Village Planning Board I~Yes ~INo ~ uhd i v i ~ i nq City, Town Zoning Board ~Yes ;[]No City, County Health Department [:]Yes ~No Other Local Agencies []Yes ~]No Other Regional Agencies r-[Yes J~]No State Agencies ~Yes J~No Federal ,Agencies OYes C. Zoning and Planning Information Artic]e VT , [:]~Yes [] No Submittal Date 1. Does proposed'action involve a planning or zoning decision? · If Yes, indicate decision,required: ~zoning amendment []zoning variance [-Ispecial use permit )C]subdivision []site plan I-Inew/revision of master plan ~resource management plan ~other 2. What is the zoning classification(s)of the site? AC 3. What is the maximum potential development of the site if developed as permitted by the present zoning? _ ! dwei]Jn~ per FI0.0f}~ gF 4. What is the proposed zoning of the site? _ AC,, .. S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Yes r']No 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? ..... resid,,ential, AC 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? k"lYes I'"]No 9. If the proposed action is the subdivision of land, how many lots are proposed? 3 5 ACRES a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(si for the formation of sewer or water districts? OYes E~No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~3 Yes i~No a. If yes, is existing capacity sufficient to handle projected demand? ~]Yes F1No 12. Will the proposed.action result in the generation of traffic significantly above present levels? ~Yes []No a. If yes, is the existing road network adequate to handle the additional traffic? D. informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete/he Coastal Assessment Form before proceeding with this assessment. 5 FOB, M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificate Of Occupancy No. Z~.~7.~ ...... rate .............. .J..~..e...~..~ .... , ~9.7k THIS CERTIFIES that the building located at ...I,l./.S...0.r.e..~.o.n..t~..o.a.cl. ....... Street Map No...xx. ......... Block No..x.x. ....... Lot No....x~.... ~.a.t..t.l.t.u.c..k...~: .~.. ........ conforms substantially to the Application for Building Permit heretofore filed in this office dated ............ J.u..ly...~.1., 19..79 pursuant to which Building Permit No..676..6.Z.. dated ........ .J.u.l.y.....3.1. .... , 19.7.3, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .P.r..iy~a.t..e..o,n.e...I'.a.m.i..1.y..d.¥.e.t.l.i..n~. ....................................... The certificate is issued to ...~9.b.e.r..t. ~q¥.e.h.1. .....0..,~..e .r ........................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE No..~.! .e.e??. ..... :..~..~..! .~...~. ?. .............. HOUSE NUMBER 3.0.7.~ ......... Street ..... Q~ey~o.r~. ]~p.e~cl ........................ FEB 2 6 1996 $,., Ll ,L-u , PLANNINC', E OAF~ ) Soul;hold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) Yes 2. Are there any other premises under your ownership abutting this pa. rcel? Yes No Yes ~ Yes ~ 3. Are there any building permits pending on this parcel? 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) 5. Is there any application pending before any other agency with regard to a different project on this parcel? 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property have a valid certificat~ of occupancy, if yes pleas, e submit.a copy of same Yes Yes ~ I certify that the above statements are true and will be relied on .by the Planning Board in considering this application. Attachment to questionnaire for=.'the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the I~J day of ~q/~w~J , 19~ before me personally came_ , ~%w~ to me known to be the individual described in"and who executed the foregoing instrument, and acknowledged that ~.~exgKuted the sam~.~ NOWly Ildlk hi d NEiE yak 1 4-1'6-2 (218 7) -- 7 c 617,21 Appendix A ~ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed :o help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer Frequent- [y, there are aspects of a proiec: :hat are subiective or unmeasureable. It is also understood that those who determine significance may,have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addi0'on, many who have ~,nowiedge in one particular area may not be aware of :he broader concerns affecting the question of significance. The fult EAF is intended :o pro~ide a method whereby no,Ii:ants and agencies can.be assured that the determination process has been or~rty,:,comorehensive m nature, yet flexible ~o allow introduction of informarion co fit a ~roiec: or action. Full EAF Comoonents: The full EAF is comprised o~ three par~: Part 1: Provides objective data and info:marion about a given projec: and its site. ~y identi~ing basic project data, it ~ssis~ a reviewer in the analysis ~har ~akes ~lace in Parts 2 and 3. Part 2: Focuses on identifying :he range o~ possible impacts that may occur from a pr~iec: or action· [t provides guidance as ~o whether an im0ac: is ~ikely ~o be considered stoat[ [o mode:are ~r whether it is a ~oreariaJlv- large imDac~ The form .also identifies whether an im0ac: can be m~rigated or reduced. Par~ 3: If any impact in Part 2 is identified as ~ote~dally-large. then Part 3 is used :0 e~al~[~w~er~ ~ ~::he im~ac: i5 actually imDortanL , SEP 2 C DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any ocher supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the proiect could have a significant effect on the environment, there will no: be a significant effect for this Unlisted Action because the mitigation measures described in PA'RT 3 have been required. therefore a CONDITIONED negative declaration will be prepared.' [] C. The proiect may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A-Conditioned Negative Declaration is only valid for Uniisted Acttons :? Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title pi: Responsible Officer Signature of Responsible Officer in Lead ANal)c,/ Signature pi Preparer (if different from responsible officer) PART 1--PROJECT INFORMAT~N Prepared by Project Sponso~ " NOTICE: This document is designed :o assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire iorm, Parts A through E. Answers to these questions will be considered as part pi: the application for approval and may be subiect to further verification and public rewew. Provide any additiona ' information you believe will be needed to complete Parts 2 and 3. it is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If in{ormaQon requiring such ,~dditional work is unavailable, so indicate and speciPF each instance. NAME QF AGI'JON minor subd[vfsion '~f. Robert RowehI ri/s Oregon Road,. Msttituck Robert Roweh[, Henry E. Raynor, agent 320 Love Lane' CFT'YIPO Mattituck, NA.,~E OF OWNER ~ fferent ~516) 298-8420 NY 11952 minor subdivision of 37+ acres Please Complete Each Question-Indic:re N.A. if not applicable A. Site Description Physical setting oF overall proiect, both developed .and undeveloped areas. 1, Present land use: ~Urban ~lndustrial ~Commerciai ;~Residentia[ (suburban) ~Forest '~Agriculture ~Other. 2, Total acreage of project area: 3 7.2 5 t 8 acres. APPROXIMATE ACREACE PRESENTLY Meadow or Brushland (Non-agricultural) acres Forested acres Agricultural (Includes orchards, cropland, pasture, etc.) 34 acres Wetland (Freshwater or tidal as per Articles 24; 25 of ECL) acres Water Surface Area acres Unvegetated (Rock. earth or fill) ~ acres Roads. buildings and other paved surfaces acres Other (Indicate type) , building lot 3 acres ~Rural (nam?arm AFTER COMPLETION acres 24 acres acres 3. What is predominant soil type(s) on project site? top SOi 1, loam, stoney bank run ~-/~y~/~(~ a. Soil drainage: ~,Well drained 100 % of s~te ~Moderateiy well drained __ % oi site ~Poorl;' drained % of site b. If any agricultural land is revolved, ho~,~any ~cres of'soil are classified within soil grou~ 1 through 4 of the NY Land Clas~iHcation System? 7~ z~. (See 1 NYCRR 370}. 4. Are there bedrock outCroopmngs on project site? ~Yes ~No ~cv~ . a. What ~s depth co bedrock~ ,. ~/~O~,. (m fee~) 2 S, 'Approximate percentage al: pro~ ,~roiect site wi(h slopes: ~0-10% % ~I0-157~ 6. Is profect substantially contiguous to, or contain a buildin8, site, or district, listed on ~he S:~:e or the Registers a~ Historic P~aces~ ~Yes ~No ~F. ~s proiec~ substantially contiguous :o a si~e Hs~ed on ~he Re~.ster a~ National N~:u~ L~ndm~rks~ ~Yes ~o 8. Wha: is ~he depth o~ ~he w~:~r cable~ + 65(in ~eet) ~ D~' ~ g. Is sim Ioc~ed aver ~ primal, principal or sole source aquffer~ ~Yes ~No 10. OD hundn~J;fishinB ar shell fishinB appo~uniQes presendv exist in the project ~ea¢ ~Yes 11. Does proiect site contain z. nv ~c~es o~ plant ar ~nimal life :ha: is ~den:ff~ed as ~hre~tened or end~n:ered~ ~Yes ~No According to Identify e~zh species ~- 12. Are there any un~que or unu~suat land forms on :he pro~ec: site~ (i.e.. cliffs, dunes, o~her geological Describe 13. Is ;he proiect site presendy used by the community or neighborhood as an open space or recreation area.;' []Yes PC]No If yes, explain 14. Opes the present site include scenic views known to be important to the community.! ' []Yes 15. Streams within or contiguous to project area: ~one a. Name o~ S(ream and name of River ~o which ic ~s 16. Lakes. ponds, wetland areas within or contiguous to project area: " ~-Name no~e b. Size (In acres) 17. Is the site sewed by existing ~ublic utitities~ ~es a) If Yes, does suificien~ c~aci~y exis~ to allow connecfion~ ~Yes b) If Yes, will imgrovemen~ be necessary to allow connection~ ~Yes ~No 18. Is the si~e located in an agricultural district certified pursuant to Agriculture and Marke~ Law, Article Section ~03 and 304~ ~Yes ~No 19. Is the site located in or substantially contiguous :oa Critical Efivironmental Area designated pursuant co Article 8 of the ECL. and 6 NYCRR 6177 ~Yes ~No ~0. Has the site ever been used ~or ~he disposal o~ solid or hazardous was~es~ ~Yes ~No C B. Project Description 1, Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 37.25 l ~ acres. 10 10 b. Project acreage to be developed: , acres initially; c. Project acreage to remain undeveioped 24 acres. d. Length of project, in miles: rl/~ (If appropriate) r e. If the project is an expansion, indic:,te percent of expansion propose, d 0 %; f. Number of off-street parking spaces existing ; proposed' . per code g. Maximum vehicular trips generated per hour 2 (upon completion of project)t h. If residential: Number and type of housing units: One Family Two Family ,~tuJiipie Family Initially Ultimately 2 i. Dimensions (in feet) of largest proposed struc:ure height; width; length. i. Linear feet of frontage along a public t~oroughfare prolect will occupy is? 935 ft. acres ultimately. 3 · "2. How much natural material {t,~,rock, earth, etc.)will be removed from site? 0 3. Will disturbed areas be reclair~k" l-Yes F-~No F"iN/A a. If yes, for what intend.._ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~Yes F2No c. ~Vi[I upper subsoil be stockpiled for reclamation~ ~Yes ~No 4. How many acre~ o~ vegetation {trees, shrubs, ground covers) will be removed ~rom site? 0 acre& ~. Will any mature forest (over ~00 years old) or other locally-important vegetation be removed by this project? ~No 6. I~ single ph'~se project: Anticipated period of construction ~/a months, {including demolition). 7. If multi-phased: a. Total number Of phase~ anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase _ month d. is phase i functionally dependent on subsequent phases( F'lYes 8. Will blasting` occur during' construction? ~Yes ~f, io 9. Number of lobs generated: Juring` construction 0 10. ,'~mber of jobs eliminated by this project ll. Will proiect require relocation of any prolects or facilities? tons/cubic yards year, (including demolition). year. ~No ; after proiect is complete l-Yes ~No If yes, explain 12. Is surface liouid waste disposal involved? ~Yes [~No a. If yes, indicate type of waste {sewage. industrial, etc.) and amount b. ]4am.e of water body into which effluent will be discharged 13. is subsurface !iquid waste disposal involved? ~Yes I-'No Type d0mest ~. c 14. Will surface area of an existing water body increase or decrease by proposal? l-lYes Explain seweraqe 15. Is project or any portion of project located in a 100 year flood plain? ~Yes 16. Will the proiect generate solid waste? ,j~'Yes F-1N0 .. Dome st i c on I y a. If 'les, what is the amount per month ~-,7~'~ tons b. If yes. will an existing solid' waste facility be used? ~fYes lmNo c. If yes, give name ~ ~~ ~ ; location d. Will any wastes not go into a sewage disposal system or into a sanita~ ~andfill? e. If Yes, ~piain ~c~- ~ ~_ ~ ~'No I--No 17. Will ;he project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? ~Yes []]Yes I~No tons/month. years. I~No 19. Will project routinely produce odors {more than one hour per day]? ~Yes X[]No 20. Will proiect produce operating noise exceedin~ the local ambient noise'levels? ~Yes ~'lNo 21. Will project result in an increase in energy use? ~Yes If yes indicate type(s) domestic electricity 22. I~ water sup;~v is ~rom ~v~dh. ~ndicate pumping capacity I~ ~allonslmmute. per SCDOHS 23. Total antici:ated water usage per day ~ 600 gallons/day. ~c~s ~oo~ ~x,~ ~.~ ~4. ~oes gtoiec: ~nvoJv~ Local, S~ate or Federal funding? ~Yes I~ Yes. eXDiam City, Town, Village 8pard F]Yes City. Town, Village Planning Board [:]Yes F~No City. Town Zoning 8pard i-]Yes ~]No CiW, Coun~ Health Oepartmenc ~Yes Other Locat A~encies ~Yes ~No Other Re~ion~( A~enc~es ~Yes ~No S~a(e A~nci~ ~ ~Yes ~No Federal .A~encies _ ': ~Yes ~No ¢. Zoning and Planning Information ~uhdlvfqi~fl Artic)e VT 1. Does proposed'action involve a planning or zoning decision? E]0fes ImNo · If Yes, indicate decision:required: I !zoning amendment []zoning variance r-special use permit N~subdivision ~site plan ~new/rewsion of master Dian F-tresource management plan F-other 2. What is the zoning classificadon(sJof the site? AC 3. ~'~aris the maximum potential development of the site if developed as permitted by :he present zoning? ~ dweil~no oer ~0.0~[3 SF 4. What: is the proposed zoning of the site? AC, $. What is the maximum potential development of the site if developed as permitted by :he proposed zoning? +16 lots Date C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? gl, Yes 7. What are the predominant land use(s) and zoning classifications within a 'A mile radius of proposed ac:ion? ~-~-~ residential , AC 8. Is the proposed action compatible with adjoinin~surrounding land uses within a % mile? ~Yes 9. If ~he proposed action is the subdivision o~ land. how many Io~ are proposed? 3 5 ACRES a. What is the minimum Io~ size proposed? 10. Will propos~ action require any authorization(s) for [he 6ormation o~ sewer or water dis~ric~ ~Yes ~No 11. Will the proposed action cre~e a demand ~or any communi~ provided services {recreation. education, police, fire protection}? ~Yes ~No .. a. If yes, is existing capacity sufficient :o handle projected demand? ~Yes ~No 12. Will the proposed act on result in the generation pt traffic significantly above present tevelst ~Yes ~No a. If yes, is the existing road ne[work adequate to handle the additional ~raific? ~es ~No D. Informational Details Attach any additional information as may be needed co ctarify ~our prolecL If there are or may be an'/ adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is :rue to :he best of my knowledge. Applicon I/Sponsor Name Date Signature Title If the action is ~n the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding wilh this assessment. Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information CRead Carefully) 'e In completing the form the reviewer should be guided by the question: Have my responses and determinations bee reasonable~' The reviewer is not expected to be an expert environmental analyst. · identifying that an impact will be potentially large Ccoiumn 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simpl asks that it, be looked at f~t~her. · The l:xamples provided are tO' ,~sist the reviewer by showing types of impacts and wherever possibte the threshold, magnitude that would trigger a response in column 2. The examptes are generally applicable throughout the State an for most situations. Rut, for any specific project or site other examples and/or lower thresholds may be appropriat for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each [ocaliW, will vary. Therefore, the examples are illustrative an, have been offered as guidance· They do not constitute an exhaustive list of impacts and thresholds to answer each questior · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact· b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of th impact. [f impact threshold equals or exceeds any example provided, check column 2. If ~mpact will occur but threshoh is lower than example, check column 1. d. if reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART e. If a potentially large impact checked in column 2 can be mitigated by change{s) in the project to a small to moderab impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. Thi must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the proiect site? · ~NO []YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is ~es~ than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is,exposed or generally within 3 feet of existing ground sun:ace. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e,, rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect to any unic~ue or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)~NO E]YES ? Specific land forms: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I-'~Yes F-No [] [] ~"~Yes C';No [] m re, Yes ~.No [] ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No '~ ~ ~Yes IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) XNO [~YE$ Examples that would apply to column 2 · Developab!e area of site centains a' protected water body. · Dredging more than 100 cublc"~;a~ds of material from channel of a protected stream. · Extension of utility distribution fa,~:ilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? ,(~rN O ~YES ~Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease, · Construction pi: a body of water that exceed~ 10 acres of surface area, · Other impacts: 5. Wiil Proposed Action affect surface or groundwater quality or quantity? C]NO ,j~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Constr~ction or operation causing any' contami'nation of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Actiu,~ will likety cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natu(al conditions. · Proposed Action will require the storage of petroieum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage, facilities. · Other impacts: 6. Will proposed action alter drainage flow or patterns, or. surface water Funoff? ~'~0 i-lYES Examples that would apply to column 2 · Proposed Action Would change flood water flows. 7 I 2 3 Small to Potential Can Impact B~ Moderate Large Mitigated By Impact Impact Project Chang~ [] [] I-lyes []No [] [] E~Yes J-INo [] [] F'lYes r-lNo [] [] F-lyes ~No [] [] ~")Yes ~-~No ~--~ Fi, F-lyes ENo [] F"! F-lyes i--No ~ r" ~Yes. r~No [] [] []Yes · E]No [] [] I-iyes rINo [] r~ F'lYes r-No [] [] r-lyes ~No [] [] []Yes Im F' F'lYes []No ~ [] EIYes [] [] F-lYes -:No [] [] FIYes r'!No ,~ [] ~Yes ~"~o [] [] {-)Yes [] [] F-lyes' [] [-1 F-)Yes · Proposed Action may cause substantial erosion. · Proposed Action is incom~?ible with existing drainage patterns. · Proposed ~ction will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quatity? ~NO I-'lYES Examples that would apply to column 2 · Proposed Ac:ion will induce 1,000 or more vehicle trips in any given hour. · ~roposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed ,5 ihs. per hour or a heat source producing more than 10 million 8TU's per hour. · Proposed action will allow an increase in the amount of [and committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species~ ~[~NO ~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or ~ear site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · App[ication of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9: Will Proposed Action substantially affect non-threatened or · non-endangered species? ,,~NO I-lYES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? nNO ~i~'YES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land [includes cropland, hayfields, pasture, .vineyard, orchard, etc.) 8 I '2 3 Small to Potential Can Impact E Moderate Large Mitigated 81 Impact Impact Project Chon [] [] [-IYes I-~N, [] [] f-'~Yes I-]N~ I--~ [] I-lYes I--IN, [] [] I-')Yes []N [] [] []Yes []N, [] [] []Yes []N, [] [] []Yes []N( [] [] ~'~Yes []N, [] [] []Yes []N, [] [] [] Yes []Nc [] ~ ~Yes ~Nc ~ ~ ~Yes ~Nc ~ ~ ~Yes ~ ~ ~Yes ~N~ · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action wou. d irreversibly convert more than 10 acres of agricull~urat land or, if located in an Agricultutal District,. more thin 2.5 acres of agricultural land. · The proposed action would.disrupt or prevent installation of agricultural land management systems (e.~[~ subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm fietd to drain boorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11'~' Will proposed action affect aesthetic resources? ~NO EYES (if necessary, use the Visual EAF Addendum in Section 61;'.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area, · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance.~ ,~t~NO r~YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic place~. · Any impact to an archaeological site or fossit bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or qualiW of existinlt Or future open spaces or recreational opportunities~' Examples that would apply to column 2 ~[~NO EYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: I 2 3 Small to Potential Can Impact Moderate Large Mitigated By Impact Impact Project Chon [-] [] F-)Yes I--iN [] ~ ~Yes ~ ~ ~es ~N~ ~ ~ ~Yes ~N, ~ ~ ~Yes ~N~ ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~N, ~ ~ ~Yes ~' ~ ~ ~Yes IMPACT ON TRANSPORTATION 14 Will [here be an effect to existing transportation syst~vems? ~II[N 0 ~YE$ Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems, · Other impacts: , '~ IMRACT ON ENERGY 15. Will proposed action affec'~ the community's sources,., of fuel or energy supply? ~NO r-lYES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system tO serve more than 50 single or ~wo family '~esidences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will [here be objectionable odors, noise, or vibration as a result of the Proposed Action? ~'(NO r~YES Examples that woutd apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day]. · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impact& IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safew? ' ~NO FiyES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic [ow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any. form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) g Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result i'n the excavation or other disturbance within 2,0(30 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: 10 I 2 3 Small to Potehtlal Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~ nyes r-iNo [] [-] l--lYes [--]No [] [] I-~Yes [-[No [] [] L-iYes t--~No [] ~ ~Yes r~No [] ['" L'-~Yes I'~No [] [] ~Yes I'-T No C3 [] [Z]Yes [] [] ~Yes E]No E] ,m ~Yes rnNo [] [] ~Yes I~No [] [] mYes ['~ [] I--lyes [] r~ []Yes IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing comm.un, jty? r"lNO ,,~ES Examples that would apply to column 2 · The Permanent population of the city, town or village in which the project is located is likely tO_ grow by more than 5%. * The municipal budget for caPiflii.expendltures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a ch'ange in the density of land use. · Proposed Action will repiace or eliminate existing facilities, structures or areas of historic importance to the community. Develocment will create a demand for additional community services (e.g. schoots, police and fire, etc.) Proposed Ac:ion will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes ~--~No [] [] •Yes []No [] [] []Yes []No [] [] []Yes E]No [] [] []Yes .,~ [] []Yes ~o [] [] E-~Yes []No ~ ~ ~Yes 19. Is there, or is there likely to be, public controversy retated to potential adverse environmental impacts? I-iNO []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared ii one or more impact(ii is considered to be ~otentially large, even Jf the impact(s) may b mitigated. Instructions Discuss the following far each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s) 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider. · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments~ COffSUL? yOUR LAWYER ~II~RB SlaNING THIS ,INSTI~UMENT~THIS II~TI~BI~T SHOULD ea USED IIy L~WYBRS ONLY, 7371 590 TILLS ]ND~ made the 26th day of March , ~neteen hundre~ and seventy-three Bz-i-~ JOSEPHINE MICHALECK.O, residing at Oregon Road (no number), Mattituck, New Y"ork, PAUL FLIOEaT.w. CEO, residing at Sou_nd Avenue (ne nu~ Mattituck, New York, M~T.EN .ZTT,NICE_I, residing at 59 Sound Avenue, Riverhead, New York, and S~ELLA JA1ZZOMB]~., residing at 311 Start Boulevard, Calverton, New Tork, as Dtstributees and Heirs at Law and Ne~t of Kin of Joel Michalecko, deceased, party o{ the 6rst part, and ROBERT Go ROW~Prr., residing at (no number) Middle Country Road, Middle Island, New York, party of the second part, ~rrr~F.~lt.l, that the party of the first part, in consideration of OI~ and O0/lO0 ............................... ( $1. O0 ) ........................ dollars, lawful money of the United States, ~ o~he~ ~oo~ ~ gal~able by the party of the s~nd ~, d~s hereby grant and release unto the ,party of the second pa~, the heirs suc~s~rs ~nd assi~s of the ~y of the se~nd pa~ forever, ~ t~t ~aln plot, pi~e or panel of land, with the buildings ~ud improvements ther~n erected, situate, ~ollo~ ~ the Southwesterly corner of l~d of Joseph Poples~ w~ch point Southwesterly on a course North 53~ 08' lO" West a distance of 56.81 feet from the intersection of the Southeasterly side the easterly side of Elij~'s L~e; r~ing thence South 59° ~' 00" West alo~ the Northwesterly side of Oregon Road 500.99 feet to land of Joseph Zi~oski; r~i~ thence along said l~d the following two courses ~nd distances: (].) North 2~° 2~' ~0" West, ~326.28 feet, (2) thence North 24* 3~' 00" West, 18~.63 feet to the Southeasterly side of 'So~dview Avenue; thence along the Southeasterly side off So~dview Avenue the followi~ two co~ses and ~st~ces: (1) thence North 57° 05' 30" East~ 209.41 feet~ (2) thence North 49~ 52' 20" East, 222.06 feet to l~d off Joseph Popleski~' thence along s~d last mentioned l~d the fol- lowing fo~ (4) co~ses ~d dist~ces: (1) South 26~ ~*~IO'F East, 171.70 feet, (2) South 25° 48' 00" East, 506.27 feet~ (~) S~uth 25° 27' 00" East, 82~.65 feet, (~)South 25° ~' O0n East, 2048.10 feet to the ~orth~estelrly' side' Of O~eg~n Road at the point or place of beginning. 'ro(Tzk'l~F..R with l~ight, title and interest, if any, of the pa the first part in and to any streets a roads abutting the above described premises to the center lines thereof, TO~rTHKR with the apportenantes and ail the estate and rights of the party of the first part in and said premises:, TO }iAVI~ AI~D TO HOI~ the premises herein granted unto the party of the second part, the heirs successors and assigns of the party' of the second part forever. ,Ik~qD the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any' way whatever, except as at'oresald. AI~'D the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive stroh consld- elation as a trust fund to be applied first for the purpose of paying the cost o{ the improvement and will apply the same first to the payment o{ the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. I~ ~f[l'~-~ W[~Oi:'~ the party of the first part has duly executed this deed the day and year first above STATE OF NEW YOLK, COUNTY OF SU~MK On the26th da?, of ~arch~ 1~7~ , before me personally came JOSEPHIiFE MICN~T,ECKO, PAUL MICHALECKO, FET,EN ZILNIC$I, and STELL JARZOMBEK ~ . to me known [o be the indivj~h~als described in and who executed the foregoing in~,ir~ent, and acknowledged that they executed the ~/ .~ .~ .~ ' - 'Ko~r~ublL'c ~0TA]~¥ I'UBI,IC. STAYI,i Oi~ HEW YOIkK STATE OF NEW YOR~ COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the day of 19 , before me ~rso~lly ~e to me known to ~ ~be individu~ descried in and who ex.uteri the foregoing instrument, and acknowledged that ~uted the ~e. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and sa)' that be resides at No. ; that he is the of . the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is snch corporate seal; that it was so affixed hy order of the board of directors of said corpora- tion, and that he signed h name thereto by like order, W{I 1t COVENANT AGAINST GRANI'OR'S ACI5 'OSEPHINE MICMA¥,ECKO, ET AL TO ROBERT G. ROWEHL SECURITY TITLE AND GUARANTY COMPANY LOT COUNTY OR TOWN RBTURN BY MAIL TO: Schechter, Schechter, Crowley & ~,'~.: ~= // .~ Wishod, E~ t~Srneys at LaWL Smithtown~ New York 11787 Zip NG, Oregon Road ~ Kettituok, NY' 11952 January 16, 1996 To ehom it may concern, I, Robert Rowehl, hereby authorize Henry E. Raynor, Jr. to act on my behalf in the minor subdivision of my property at ~attituck, New York. ROBERT RONRHL SUFFOLK COUNTY CLERK'S Romaine, COUNTY CLERk{ PHOm~::852-- 2000 Town of Southold Assessors v'Town of Southold Planning Board Chief Deputy County Treasurer TO WHOM THIS MAY CONCERN The Set~ Sub~ Major Subdivision Map of: Was Filed: SCTM#: 100~ iO0-2-- File#: /0 2._ O~ Township: Southold Hamlet: Owner: Map Deparhnen! Very Irul¥ yours, Counly Clerk Southold Town Planning Board rm No. 6 9 Submission Without a Cover Letter Sender, Southold Town Planning 8oard RICHARD F. LARK MARY LOU FOL TS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 1193~-0973 (516) 734-6807 May 13, 1998 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Proposed Minor Subdivision for Robert Rowehl (SCTM #1000-100-2-6) Gentlemen: In connection with the above-captioned minor subdivision, I am enclosing the following: Certified copy of the Declaration of Covenants and Restrictions dated April 2, 1998 and recorded in the Suffolk County Clerk's Office on May 4, 1998 in Liber 11891 Page 457. Four mylars and five paper prints of the Minor Subdivision map last dated 5-12-98 with the recordin9 information of the Declaration noted thereon. If all is in order, kindly set the matter for a final hearing and advise me of the date and time. RFL/bd Enclosures Very truly yours, ~2~ichard F. Lark Southold Town Planning Board LARK & FOLTS Attorneys at Law 28785 MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935-0973 RICHARD F. LARK MARY LOU POLTS (516) 734-6807 April 6, 1998 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Southold Town Planning Board RE: Proposed Minor Subdivision for Robert Rowehl (SCTM ~1000-100-2-6) Gentlemen: In connection with the above-captioned minor subdivision, I am enclosing the following: 1. Revised Declaration of Covenants and Restrictions per your request. 2. Park and playground fee in the amount of $4,000.00. 3. Draft Deeds for Lot Nos. 1, 2 and 3. This matter got delayed because of personal family matters of Mr. Rowehl which consumed a lot of time. As you know Mr. Rowehl is doing this subdivision as part of his estate plan and wanted to verify everything with his family members. Further, he has not decided whether to sell the development rights on Lot No. 3. Therefore, since the finalization of this subdivision is past due, I hereby request an extension of time to allow the Board to review all of the above documents to see that all of the conditions have been fulfilled. If you have any questions, do not hesitate to call. Very truly yours, '~'~%.~,u~s~o,,.. ~-Ll~. Richard F. Lar~f RFL/bd ~ ~v ~ee~ C~. Enclosures TAX MAP DESIGNATION Dm 1000 Sec, 100.00 Blk 02,00 Lot (~: P/O 006.000 ~ IND~ made the day of , ninet~n hundred and BE~ T G R , residing at 2755 Oregon Road, Mattituck, New York 11952 party of the first part, ~nd (NAME OF BUYER, ADDRESS) party of ~e second pa~, Wrl'NE.~ETI~ that the par~ of the tint pa~, in consideration of Ten Dollars and other valuable consideration paid by the party of the se~nd part, d~s hereby g~nt and rel~ unto the party o£ the second part, the h~rs or succ~rs and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with-th~-baitdi~gs-a~d-lmpro~4hsi:e~mrs~sd~ situa~, l~n~nd~n~., a~ M~t~ituck, in th~ Tgwn.of' Sou%hqld, Cqunty of~Suffolk and 95~e oINew xor~, De,rig more part~cu±ar±y Dounoea and ~escribe~ as ~ BEGINNING at a monument on the southerly side of Sound View Avenue where the northeasterly corner of the premises about to b~ described lntersects thc northwesterly corner o~ land now or formerly of Sanford ~an~uer Assocma~es Pension Fund; rur~l..mng thence along said ~ast mentioned ±an~ the following ~wo courses and d~st~ces: (1) South 26 02' 10" East 171.70 fgDt to ~ po~nt;oand, (2),,South 25 48' 00" East 45Q.77 feet a point; ~heU~n~g~n~c~.~o~ ~,, A6 _29._Wg~t_38~.~2 feet to a point; runnin9 ~ c~ ~or~n z~ z~ ~u west 3~7.~ ~eeE ~o ~ Doint; run, lng thence North 24 33~ 00'~ Wegt %~9.45 fge~ tQ a poin~l runnln~ thence along th9 arc of a curve nearing to ~ne ri~h~ na¥1ng a raaius Qf 25.00 feet an~ a distance of ~.62 f99t ~o t~9 southerly s%de of Sound V~ew Avenue; rurmlng thence along q~e soutner±¥ ~m~e o~ So~ V~ew Avenue the following two (2) course~ and ~stances: 11) North 57 05' 30" East 137.28 feet; and (2) North 49 52' 20" East 222.06 feet to a monument and the point or place of BEGINNING. TOGETHER WITH a right-of-way over portions of Lot No. 3 on the Minor Subdivismon fo~ Robert ~oweh% for purposes of ingress and egress to the above-desgribea premises, whlch right-of-way is more particularly bounded and described as follows: ~ _~EGINN~NG ~t ~monument on the southerly side of Sound View Avenue an~ 5ge norsneasver±v corner Lot No. 1 on the Mi~or Subdivisio~ - Sunbeau Associates; runn~n~ thence alon9 the southerly s~de of Sound V~ew Avenue ~or~h 57 055 30" East 72.13 feet to ~he arc of a curve bearing ~o the left ~g29or~u~f_25.00 feet and a dlstange of 35.62 feet; runnl~q thence 40" - ~ ~qA _qu_ ~as~ 16~.45 fegt to a pomnt; runnin~ thence Sout5 24 23' ~as~ 3~¥.~ zeet to the southwesterly corner of the above-descTibed prem%ses;_runnl~g t~e~cg So~th 65. 36' 20" West 50.00 fee~ to a point; ~.ull~lng~5ng~c~_~oTt~ g4,, 23 40" West 347.48 feet to a polnt3 ruunin~ ugence North ~ 33 u0 West 183.63 feet to a monument on the southerly s~de of Sound View Avenue and the point or place of BEGINNING. Said Dremises al~o known as Lot No. 1 on the Minor Subdivision for Robert Rowehl at Mattltuck, Town of Southold, Suffolk County, N.Y. BEING Ai~, INTENDED TO BE Dart of the same ~remises conveyed ~h~e Party of the first ~art by deed date~ March 26, 1975 and recorded Euffolk County Clerk's Office on Aprml 3, 1973 in L~ber 7371 Page 590. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described prenfises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part bas not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party oi~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN NYrFNF_.SS %VI-IF. REOF, the party of the first part has duly executed this deed the day and year first above written. Robert G. Rowehl STATE OP NEV/YORK, COUNTy OE SUFFOLK sss On the day of 19 , before me personally came ROBERT G. ROWEHL to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OP NSMf YORK, COUNTY On the day of personally came to me known, who, being by say that he resides at No. 19 , before me me duly sworn, did depose and ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OE NEW YORK, COUNTY OE ssz On the day of 19 , before me personally came to me known to I~ the individual described in and who executed the for~ng~!Ostmrn~nt~ and acknowledged that executed f~ ~. ,: r STATE OF NEW YORK, COUNTY On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the indlvidual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WII H COVENANT AGAINST GRANTOR'$ ACI s TITLE NO. ROBERT G. ROWENL TO (NAME OF BUYER) T COfl SECTION BLOCK LOT COUNTY OR TOWN TAX BILMNG ADDRESS At Request of T~or ~tle (~uarantee Company RETURN BY MAIL TO: Zip No. TAX MAP DESIGNATION Dist. 1000 Sec. 100. O0 BIk. 02.00 Lot(~:g/o 006.000 T YOUR LAWYER BI,ORB SI~IING THIS INSTRUMENT--THIS INSTRUMENT SH, OULD BE USED BY LAWYERS ONLY. TH~INDF~I'OR~made Se day of ,ninet~n hundr~and BE'I~VK~N ~Q~, residin9 at 2755 Oregon Road, Mattituck, New York 11952 party of the first part, and (NAME OF BUYER, ADDRESS) party of the second V~TIqF.~Kll-~ that the party of the fist part, in consideration of Ten Dollars and other valuable consldera~on paid by the party of the second part, d~s hereby grant and relea~ unto the party of ~e second pa~, the h~rs or succ~rs and as~gns of the party of the second part/orever, ALL that ~rtain plot, piece or parcel of land, w/ttr'the-b~tdi~-~m4-4m~ev~mm~-e~t~l~ situa~, l~;nl~.dbelng-ln-~l~ at Mattituck, in the Town of Southold, County of Suffolk and St te of New York, bein~ more particularly bounded and described as follows: ~ BEGINNING at a point which is the northe.asterly corner of the premises about to be described, which said poxnt is distant the followin~ two (2) courses and distances from a monument on the southerly side of Sound View Avenue and the northeasterly corner of Lot No. 1 on the Minor Subdivision for Robert Rowehl: (1) South 26° 02' 10" East 171.70 feet to a point; and (2) South 25° 48' 00" East 450.77 feet to the point of be~i.nnin~; runnin~ thence South 25° 48' 00" East 55.50 feet to a point; ~unn~n~ [hence South 25° 27 00" East 500.88 feet to a point; runn[n~ thence 5outn 65 36 20" West 396.91 feet to a p~int; runnin~ thence North 24° 23' 40" West 556.29 feet to a point; and runnln~ thence North 65° 36' 20" East 386.32 feet to the point or place of BEGINNING. TOGETHER WITH a ri~ht-of-way over portions of Lot No. 3 on the Minor Subdivision for Robert Rowehl for purposes of ingress and e~ress to the above-described premises, which ri~ht-of-way is more particularly bounded and described as follows: - ~EGINNING at a monument on the southerly side of Sound View Avenue ana t~e northeasterly corner Lot No. 1 on the Minor Subdivision - Sunbeau Associates; runn~n~ thence alon~ the southerly side of Sound View Avenue North 57° 05' 30" East 72.13 feet to the arc of a curve bearin~ to the left havin~ aorad~us ~f 25.00 feet and a distance of 35.62 feet; runninq thence South 24 33 00 East 169.45 feet to a point; ru/u~in~ thence Sout~ 24° 23' 40" East 903.77 feet to the southwesterly corner of the above-described prem%ses; runnin~ thenc? South 65° 36' 26" West 50.00 feet to a point; runn~n~ thence ~orth 24 23' 40" West 900.00 feet to a point; runnin~ t~ence North 24. 33' 00" West 183.63 feet to a monument on the southerly s~de of Sound View Avenue and the point or place of BEGINNING. · Said property also know~ as Lot No. 2 on the Minor Subdivision for Robert Rowehl at Mattituck, Town of Southold, Suffolk County, N.Y. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first p~rt by deed dated March 26, 1973 and recorded in the guffolk County Clerk s Office on April 3, 1973 in Liber 7371 Pa~e 590. TOGETHER with aflrlght, title and interest, if any, of the ~rty of the first part in and to ally streets and roads abutting the a~ve described premises to the center lines ther~f; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to ~id premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the party ~ the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part ot the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~q'rNES~ WHF. REOF, the party of the first part has duly executed ~hls deed the day and year first above written. Robert G. Rowehl STATE 011NEV/ YORK, COUNTY OF SUFFOLK ss: On the day of 19 , before me personally came ROBERT 0. R0~HL to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same, Notary Public STATE OF NL~Y YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NM YORK, COUNTY OF ss: On the day of 19 , before me )ersonally came to me known tO ?bel f~l~?~l~vld~J ~escribed m and who ex~ut~ the ~ i4~Ot, *~d ~k~wledged t~t ~uted the ~me.. ~ , ~ STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am Personally aeqnainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WIIH COVENANT AGAINS'I GRANFOR'S ACIS TITLS NO. ROBERT O. ROWEHL TO (NAME OF BUYER) TmcoR UARANT E SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor T~le Guarantee Company RETURN BY MAIL TO: Zip No. 'FAX .MAP DESIGNATION Dist. 1000 Sec. 100.00 mk. 02.00 I ol¢.x P/O 006.000 T~INDF~ma~ ~e ~Sof ,Nneteenhu~r~ ~d BETWERN ~, residing at 2755 Oregon Road, New York 11952 Mattituck, party of the first part, and (NAME OF BUYER, ADDRESS) party of the second part, WI'II~F_~..~-'I~, that the party of the first part, in consideration of Ten and 00/100 ........... ........................ ($10.00) ............................. dollars, lawful money of the United States, and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingand ~i~.i..-t~he at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a monument on the northerly side of Oregon Road where the southeasterly corner of the premises about to be described intersects the southwesterly corner of land now or formerly of Ralph Badagliacca and Ann Badagliacca, which point is southwesterly on a course North 53~ 08' 10" West a distance of 56.81 feet from the intersection of the southeasterly side of Oregon Road and the easterly side of Elijah's Lane; running thence along the northerly side of Oregon Road South 59° 44' 00" West 500.99 feet to a monument; running thence North 24° 23' 40" West 3326.28 feet to a point; running thence North 24° 33' 00" West 183.63 feet to a monument on the southerly side of Sound View Avenue; running thence along the southerly side of Sound View Avenue North 57~ 05' 30" East 72.13 feet to the arc of a curve bearing to the left having a radius of 25.00 feet and a distance of 35.62 feet; running thence South 24~ 33' 00" East 169.45 feet to a point; running thence South 24° 23' 40" East 903.77 feet to a point; running thence North 65° 36' 20" East 396.91 feet to a point; running thence South 25° 27' 00" East 323.77 feet to a point; running thence South 25~ 40' 00" East 2048.10 feet to a monument on the northerly side of Oregon Road and the point or place of BEGINNING. SUBJECT TO a right-of-way over portions of the above-described premises for purposes of ingress and egress for Lot Nos. 2 and 3 on the Minor Subdivision for Robert Rowehl, which right-of-way is more particularly bounded and described as follows: BEGINNING at a monument on the southerly side of Sound View Avenue and the northeasterly corner Lot No. 1 on the Minor Subdivision - Sunbeau Associates; running thence along the southerly side of Sound View Avenue North 57° 05' 30" East 72.13 feet to the arc of a curve bearinG to the left havinG a radius of 25.00 feet and a distance of 35.62 feet; running thence South 24° 33' 00" East 169.45 feet to a point; running thence South 24° 23' 40" East 903.77 feet to the southwesterly corner of the above-described premises; running thence South 65° 36' 20" West 50.00 feet to a point; running thence North 24° 23' 40" West 900.00 feet to a point; running thence North 24° 33' 00" West 183.63 feet to a monument on the southerly side of Sound View Avenue and the point or place of BEGINNING. Said property also known as Lot No. 3 on the Minor Subdivision for Robert Rowehl at Mattituck, Town of Southold, Suffolk County, N.Y. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated March 26, 1973 and recorded in the Suffolk County Clerk's Office on April 3, 1973 in Liber 7371 PaGe 590. TOC~T~ER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC~'I"HER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND 'FO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ANI) the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. ANI) the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part wilI receive the consideration for this conveyance and will hold the right to r<eive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~II-i'~t..$$ ¥~q'IF..R~OF~ the party of the first part has duly executed this deed the day and year first above written. Robert G. Rowehl ~aA~O~ #EW t:7~V OF SUFFOLK 19 , I~fore me personally came ROBERT G. ROWEHL to me known to be ~h vidual described in and who encecuted the foregoing instrument, and a~knowledged that he executed the Notary Public STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ST~,TE OF NEW YORX, COUNTY OF On the day of perSon:~lly came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE O1: NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~atgain anb ~[e ~}ee~ WlIH COVENANT AGAINSI' GRAN]OR'S ACqS TITI E No. ROBERT ROWEHL TO (NAME OF BUYER) SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company ~BTU~N BY MAIL ~O: TICCX:I TIT GUAI ANTEG Zi~ N~ 320 Love Lane Mattituck, NY 11952 August 11, 1997 Southold Town Planning Board Main Road Southold, NY 11971 RE: Minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Sirs: As requested, please find the revised covenants and restrictions for the above referenced enclosed, as per your letter of August 6, 1997. If these meet with the town attorney's approval, we will have Mr. Rowehl sign them and have them filed in the County Clerk's office. sincerely, a~nry~. Rv~ynor, H~R:ml Eno. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 12, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed minor subdivision for Robert Rowehl SCTM~ 1000-100-2-6 Dear Mr. Raynor: The following took place at a meeting of the Southold Town Planning Board on Monday, August 11, 1997: The final public hearing, which was held open from July 14, 1997, was closed. The following resolution was adopted: WHEREAS, Robert G Rowehl is the owner of the property known and designated as SCTNt# 1000-100-2-6, located on the north side of Oregon Rd. and the south side of Soundview Ave. in Mattituck; and WHEREAS, this proposed minor subdivision is for 3 lots on 37.2518 acres; and WHEREAS, the Planning Board has required the filing of a Declaration of Covenants and Restrictions as part of the subdivision approval; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on September 30, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 11, 1997; and Page 2 Proposed minor subdivision for Robert Rowehl August 12, 1997 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated April 27, 1997, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: The Declaration of Covenants and Restrictions must be revised as noted in Melissa Spiro's letter of August 6, 1997. A draft copy of the Declaration must be submitted to the Planning Board for review. Upon approval of the draft, the Declaration must be recorded in the County Clerk's office and a copy of the recorded document must be submitted to this office. Final maps (five paper copies and two mylars) must be submitted. All maps must contain the liber and page number of the recorded Declaration of Covenants and Restrictions and a valid stamp of Health Department approval. The park and playground fee of $2,000.00 per vacant lot must be submitted. Draft deeds for Lots 1, 2 and 3 must be submitted. Each deed must provide for access to the applicable lots over the common driveway located on Lot 3. Once the draft deeds ara approved, they must be filed when the final subdivision plat is recorded. Please contact this office if you have any questions regarding the above. Sincerely, Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, ,IR. Chairtnan WILLIAM J. CREMERS KENNETH L~ EDWARDS GEORGE RITCHIE LATi~IAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 7, 1997 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: As per our telephone conversation of this morning, please note the following to clarify the statement made in my letter of August 6, 1997 that "The Declaration should include a statement that should access to Lot Number 3 be provided within the 50 foot wide r-o-w, that the common driveway shall be replaced by a road to Town Specifications." Section A108-15 of the Highway Specifications sets forth the construction specifications for all roadways constructed after April 20, 1993. The road width and type is determined by the number of lots serviced by the road. Therefore, should proposed Lot Number 3 be developed in the future, the required road width will be determined by the number of lots proposed, as set forth in Section A108-15. Please feel free to contact me if you have any questions regarding the above. Melissa Spiro//~ Planner ~ PLANNING BOARD M~EMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J'. CREMERS KENNETH L. EDWARDS GEORGE RITCt-IIE LATI4AM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Sou~;hoId, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 6, 1997 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: The Planning Board has reviewed the issues brought up at the July 14, 1997 public hearing in regard to the above mentioned subdivision and has decided to amend one of the previously required conditions as noted below. Condition Number I of the Planning Board's August 26, 1996, sketch approval required that "Proposed Lot Number 3 is to be designed as a flag lot with a fifty (50) foot wide access to Sound View Avenue. Any future development of Lot 3 shall be from the 50 foot access to Sound View Avenue." The Board required this condition based on an overall concept plan to cluster all proposed development to the northern half of each parcel within the area from Reeve Avenue east to Duck Pond Road and from Long Island Sound south to Oregon Road. The Board has decided to omit the requirement that any future development of Lot 3 shall be from the 50 foot access to Sound View Avenue. This does not mean that should future development be proposed for Lot 3, that access would not be from Sound View Avenue. However, it allows the Planning Board the option to design any future subdivision with access from both Sound View Avenue and Oregon Road, with access to Sound View Avenue only or with access to Oregon Road only. The Board has not revised its requirement that Lot Number 3 be designed as a flag lot with a fifty (50) foot wide access to Sound View Avenue or its overall concept plan to cluster all proposed development in the above mentioned area to the northern half of each parcel. Robert Rowehl August 6, 1997 Page 2 The above mentioned change will require that Condition Number 1 of the Declaration of Covenants and Restrictions be omitted. In addition, the Declaration should include a statement that should access to Lot Number 3 be provided within the 50 foot wide r-o-w, that the common driveway shall be replaced by a road to Town Specifications. In addition, the common driveway is to be located on the east side of the right-of-way to allow for a natural buffer area between the proposed common driveway and the existing access to the adjacent parcels on the west. As you know, the continuation of the hearing is scheduled for August 11, 1997 at 4:30 P.M. Please feel free to contact me if you have any questions regarding the above. Sincerely, PLANNING BOARI) M~EMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR, RIC~-IARD G. WARD Town 14all, 53095 Main Road P.O. Box 1179 Seutho]d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Present were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES August 11, 1997 Bennet~ Orlowsld, Jr., Chairman Richard O. Ward G. Ritchle Latham Kenneth Edwards William Cremers Valerie ScoPaz, Town Planner Mellssa Spiro, Planner Robert 6. Kassner, Site Plan Reviewer Martha Jones, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, September 15, 1997 at 7:30 p.m. at Southold Town Hall, Main Rd., Southold, as the time and place Cot the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowskt, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Morton carried. Hearings Held Over From Previous Meetings: Mr. Orlowskh Robert Rowehl - This minor subdivision is for 3 lots on 37,2518 acres located on the north side of Oregon Rd. and the south side of Soundvlew Ave. in Mattituck. SCTM# 1000-100-2-6. At this time, after our SoUthold Town Planning Board 2 Augu~ 11,1997 Soundview Ave. in Mattituck. SCTM# 1000-I00-2-6. At this time, after our last hearing and some of the comments, it would probably be just as easy for me to read this statement. Condition Number I of the Planning Board's August 26, 1996 sketch approval required that "Proposed Lot Number 3 is to be designed as a flag lot with a fifty (50) foot wide access to Soundview Ave. Any future development of Lot 3 shall be from the 50 foot access to Soundview Ave." The Board required that this condition based on an overall concept plan to cluster all proposed development to the northern half of each parcel within the area from Reeve Ave. east to Duck Pond Rd. and from Long Island Sound south to Oregon Rd, The Board has decided to omit the requirement that any future development of Lot 3 shall be from the 50 foot access to Soundview Ave. This does not mean that should future development be proposed for Lot 3 that access would not be from Soundview Ave. However, it allows the Planning Board the option to design any future subdivision with access from both Soundview Ave. and Oregon Rd., with access to Soundvlew Ave. only or with access to Oregon Rd. only. The Board has not revised its requirement that Lot Number 3 be designed as a flag lot with a fifty (50) foot wide access to Soundview ave. or its overall concept plan to cluster all proposed development in the above mentioned area to the northern half of each parcel. The above mentioned change will require that Condition Number I of the Declaration of Covenants and Restrictions be omitted. In addition, the Declaration should include a statement that should access to Lot Number 3 be provided within the 50 foot wide r-o-w, that the common driveway shall be replaced by a road to Town Specifications. In addition, the common driveway is to be located on the east side of the right-of-way to allow for a natural buffer area between the proposed common driveway and the existing access to the adjacent parcels on the west. This came from comments from our last public hearing. The hearing is still open, I'll ask if there are any other comments on this proposed subdivision? Henry Raynor: Good evening Mr. Chairman, members of the Board. My name is Henry Raynor, I'm representing the applicant. In review of your correspondenca, your letter of the 6th, we are recommending the Covenants and Restrictions to reflect the Board's recommendation. To our $outi~old Town Planning Board $ Augu~ 11,1997 way of thinking it's allowed the Planning Board a choice for access on Lot 5, from an either or perspective and it will give the Board - should at sometime this lot ever come in for a subdivision or re-subdivision - the ability to do a little innovative design and we couldn't endorse it any more. Mr. Orlowski: Any other comments on this proposed subdivision? Chris Emery: Just so that r'm dear, this will then put it up to a vote for Lot 3 at a future time as developed, is that correct? Mr. Orlowski: It will give us the option instead of locking us in to access it from Soundview Ave. Mr. Emery: OK. May I ask, Mr. Raynor, Is there any proposed time frame for the development for this third lot? Mr. Raynor: None at all. We're (inaudible) to agricultural development (inaudible). Mr. Emery: Thank you very much. Mr. Deckinger: My name is Deckinger. I live diagonally across from that lot across Soundview Ave. I commented last time that I've been here 18 years and I appreciate the wisdom of Solomon that you exerted in suggesting that there be an option, but ! would still like to speak on behalf of the first instruction, not being from $oundview, but from Oregon. Because that's a complete road that goes all the way through and that's where most of the traffic Is, the natural tragic. The Soundview ends just beyond where this road would come in and it seems to me that the first option should be not from Soundview but from Oregon, and far enougt~ so that it can service lots I and 2, if that's the desire to keep lots 1 snd 2 first, because the principal argument for even those houses to have a quicker access to Oregon, is that it's quicker to the fire house to get over there, in case of fire. We measured it, it's about a minute faster by going right up to Oregon. So, I would enter a suggestion that of course you should have the option to do what you want but I would ask you to conslder the greater logic in coming down from Oregon rather than from Soundview. Thank you Mr. Orlowski: Just to let you know that the Board's intention has always been to preserve the prime farmland that runs along Oregon Rd. And seeing as this is only two tots, the Board would rather see these two accessed at this Southcld Town Planning Board 4 Augu~ 11,1997 point from Soundview Ave and its keeping the lots up on the north and saving the prime farmland. And Mr. Rowehl has indicated intentions of putting it in the farmland preservation program so at this time I think the Board is very much in favor of the way it is laid out. Any other comments? Cindy Suchick: I'm Cindy Suchick and I live across from the first lot and I have the five acres there. The only thing I don't understand, that half of the stuff you read from the first meeting, so I'm just trying to just understand where that strip is coming down, and I'm assuming that strip is coming down on the private road, right next to the private road like 50 feet away or whatever? Mr. Orlowski. Yes. Ms. Suchick: The only thing I would like tojust comment on is how come that strip cannot come down on the other side? Is it just because you want to continue it all the way down from Oregon and make It a through street? Is that what the plan !s going to be in the future? Mr. Orlowski: Well, right now we don't have a plan. But, that's the way it is laid out... Ms, Suchick: Because I wasn't notified of all the proceedings, so I was talking with Melissa to try to understand and I just wanted to voice my opinion that why wouldn't it go down on the east side of the lots I and 2 because that would just be keeping it preserved as Par as the farmland Is concerned. To me, if I'm going to look out my front door, I'm going to look at an airplane strip, is what it's really going to look like. Mr. Orlowski: Well, I think at this time you're basically going to see a driveway for that second lot. Ms. Suchick: But there would be no way that they could do the other? Or would they consider that? Mr. Ortowski: Not at this point, but the Board will have the option in the future since it is fifty foot, if we wanted to do something. Ms. Such!ok: OK. Mr. Orlowski: ~.ny other comments? Are there any questions fro~ the Board? M;. Wa~'d? SERVI~I~, - PLANN;NG 60AND Southold Town Planning Board 15 July 14, 1997 under~. There are two uses, the residence and he's got boats. Mr. Orlowski: ~r,~-existing, non-conforming. If he had those three uses before, hewould'~hem now. . Unknown: Yes he did. Mr. Odo~~oing to be ~l~L,ebate. The hearing is going to be held open. Our work session is every Mo'~ay; the next meeting is August 11. I want [o thank you all for coming, weha~e the comments. We will be addr~ Budding Department%~ank you. Mr. Orfowski: 4:40 p.m. Robert Rowehl - This minor subdivision is for 3 lots on 37.2518 acres located on the north side ce oregon Rd. and the south side of Sound View Ave. in Mattituck. SCTM# 1000-I00-2-6. I'll ask now if there are any comments now on this subdivision? Henry Raynor: I'm Henry Raynor and I'm representing Mr. Rowehl and Mr. Rowehl's proposal is basically on a parcel ce property he owns that runs from Sound View Ave. extension south to Oregon Rd. He is proposing at the north end to divide two lots both of which would be in excess of five acres, leaving a 27 acre lot to the south of that going to Oregon Rd, In my last discussion with him yesterday, lot 3 which is the 27 acre lot, he is bringing out a consideration of negotiating with regard to development rights being sold off that property. As you gentlemen are aware, this proposal greatly exceeds any Zoning standards we have here in the Town. This subdivision received sketch plan approval that was given by the Board on August 26, 1996. We received the Negative Declaration on SEQRA on October 8, 1996, and approval from the Department ce Health Services in February ot: this year. Notice of this subdivision has been given and I would request the Planning Board to approve this application under 106 of the Town law. Now I have to apologize to some of the people sitting here. My office screwed up. We were to notify people, in addition to adjoining, abutting, across the road. We did not do this. My apologies, it is our error. I met with the Assessor's office this afternoon and thanks to your office notifying me of SouChold Town Planning Board 16 Jul'/14, 1997 the difference, I now have a completed list. We have no objection at all holding this hearing open because we have failed to comply with the letter of the law. It's our fault, I take full blame. With regard to the final Board's conditions of approval in your letter of May 15, those final items are being complied with at this time and basically that's where we stand with regard to the subdivision. I'd be happy to answer any questions that the Board may have. Mr. OrlowsKl: Any other comments on this subdivision? Sanford Hanauer: My name is Sanford Hanauer. I live diagonally across from the proposed subdivision and have been in residence here for some twelve years at 4105 Sound View Ave. In going through the maps and the covenants and restrictions, the sketch plan dated July 7, 1995 and the Board's August 26, 1996 conditional sketch approval, I'd like to comment as follows. You have item I, any future development of lot 5 shall be from the 50 access to Sound Ave. We recommend that the access should be from Oregon Rd. for the following reasons: Lot number 3 is a two acre zone, and 27+ acres could result in a future major subdivision of some 12 additional home sites. This would create a great deal of additional traffic on Wlckham, Orand, Reeve and Sound View Avenues. Direct access from Oregon Rd. via Rt. 48, via Mill or Elijah's Lane would reduce the lot owners mileage by approximately 21/2 miles one way, five miles a day, 25 miles a week, 1250 miles a year, which is doubled for a two car family, and you have 2,500 miles a year. You have twelve families and you have 50,000 miles a year. I think this is a lot of wear and tear on the road as well as causing all the traffic on the road. we have a safety factor distance from Mattltuck Fire House, I give you exhibit A, the distance from Mattituck Fire House to lot number 5, minor subdivision for Robert Rowehl, three possible routes: fire house to entrance to lot 5 from Sound View Ave. via Wickham, Grand and Reeve as'shown on the proposed subdivision is 2.9 miles. It takes about three minutes and 45 seconds going about 55-40 miles an hour. Fire house entrance to lot 3 from Oregon Rd. via Rt 48, Mill Lane or Elijah's Lane is 2.1 miles, 5 minutes. Sour:hold Town Planning Board 17 July 14, 1997 Fire house to entrance to lot 3 from Oregon Rd. via Wickham, Grand and Oregon, is 2.2 miles, or 3 minutes and 30 seconds. If you took the proposal that's shown on the map, it would require a fire truck to travel and additional .8 or a little more than 3/4 of a mile and 45 seconds longer to get there, in case of any emergency. 3. Scenery and beautification. Right now there's two norths...you create two north/south roads. One on the west side of the property, a future 30 foot wide leading to lot number 5, and 125 asphalt road on the east side of the adjoining subdivision. It will look like a dual highway and will add almost another acre of asphalt, creating more runoff. Future impact. If the subdivision was approved in this form it will have a great impact on future subdivisions along Sound View Ave. Our suggestions: Extend lot number 2 to the west side of the property with a 25 foot common driveway from Sound View Ave. to access lot number 2. Create a 10 foot buffer landscaped area on the west side of the common driveway (1'11 leave the map with you). 3. Provide access to lot 3 from Oregon Rd. Develop a master plan for road development between Oregon Rd., Sound View Ave., Reeve Ave. and Duck Pond Rd. Mr. Orlowski: Any other comments on this subdivision? Mr. Deckinger: My name is Deckinger and I live on Sound View Ave., just about across the road from this property. We've lived here for some 20 years. We love it, we think you folks do a wonderful job of managing it all. It has pristine qualities. The reason we didn't go to the south fork is we didn't like Coney Island to begin with, you don't have to find one out here. And as much as can be done to preserve that pristine quality has to be in the interest of all of us here. Now, there already is a blacktop that goes from one end to the other, that is from Bridge Lane all the way west, virtually to Grand Ave., Reeve Ave. and so on. Leave it there. Let the roads going north, south emanate from Oregon Rd. where the traffic already is. Why look for ways to bring more traffic Southold Town Planning Board 18 July 14, 1997 along Sound View Ave. which ends - and we're right at the end and we like that idea. (CHANOE TAPE) There's a cul-de-sac there. That's where the Sound View blacktop ends. And I'm not against progress, whatever progress is. We got a McDonald's now, maybe you want to bring in a Burger King and Wendy's and a few others. Is that progress? I'm not so sure, I'd question that. Bring in a few dance halls while you're at it. The blacktop ends at that cul-de-sac and eventually I guess it's going to go further. Why rush it? And building more access to Sound View Ave. on blacktops when they could just as easily come out of Oregon Rd. seems to me the way to go. And I thank you loc letting me say these words. Chris Emery: My name is Chris Emery. I too am a resident on Sound View Ave. Aside from what my neighbors have talked about, I think a little bit more stress should be done on the beautification. First off, it's going to look like a landing strip the way this thing is going to be laid out. And aside from the fact that it doesn't really make a lot of sense to have this 2-I/2 mile loop as Sandy is telling you taking fire trucks and people. There's also a sense of security on a dead end road. Just the other day I was pulling out of my driveway and somebody backed Into me. Literally backed into the front of my car because I was taking a right, There's a concern about taking more and more people and taking these 20 lots, these 20 cars possibly, bringing them all down that road. I've got a deep concern. And finally I think Mr. Raynor was unable to do proper to diligence I ~hink, out of fairness to all these people that are along that road, we need to notify them. Mr. Orlowski: Yes, we will be keeping this hearing open because Mr. Raynor made a boo-boo. Any other comments? Mr. Hanauer: One more comment. I hope they will give consideration to the farm preservation of the 27 acres. Mr. I~aynor: I wouldn't have brought it up Sandy unless it was being seriously discussed. He feels that way too. You have to remember, this fella is not a commercial developer, He's setting cCC two lots Cot his kids, or cash to the estate, and he's saying I'd really like to tie up the rest of this. I'm a farmer. I want to keep farming. Sour:hold Town Planning Board 19 July 14, 1997 Mr. Hanauer: What our concern is if it passes hands or changes, something drastic could happen. Mr. Raynor: Absolutely. Mr, Odowskh Any other comments? Paul Taylor: I also live adjacent to this property that's up ¢or sale. In deCense o¢ Henry, I think somebody should say that there was a sign announcing this meeting of it by the property, but it was knocked down, I put it back up. I did not get a notice in the mail. Mr. Raynor: It's my fault. I apologize. I'm guilty. Mr. Taylor: It's OK. But In general, I'm against progress of all kinds. I came to the North Fork because of it's beauty and I've been here for over 27 years. It's been a lifesaver for me and I hate to see It change. I could count at least 10 houses that have gone up rtght around me, all of a sudden it seems, and I am so afraid It's going to turn into the south fork. And that is not what we want out here I don't think, So, I just add my 2 cents worth. Thank you. Mr. Orlowskh Any other comments? OK, if there are no further comments I'm going to entertain a motion, unless the Board has anything to say, to keep this hearing open and we'll be back here again on August 11 and we'll take a look at some of these comments and see what we can work out. Mr. Edwards: So moved. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT UNE CHANGES AND SET OFF APPUCATIONS AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place ~or seven days prior to the date of the public hearing on '~ / I ~ ~997. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any ppblic or private street from the above mentioned property on "~ 17 1997. /' Your name (print) Signature ~ Address PL EILCE RE77JRN TNIS AFFIDA ~IT AND CERIIFIED MAll RECEIPTS ON THE DAY OF. OR Al- THE PUBUC HEARING Re: SCTM#: Date of Hearing: P 336 411 4 $2.77 00063012-04 2N8 NOTICE MRTT I TUCK. NY JU goo0 ~ 11952 00063012-0'~ P 336 411 437 P 336 411 434 p 336 411 4 2NO NOTICE ~ETui~N ~ U.S. POSTRGE 11952 dUL 07,'97 OOOO $2.77 00063D12-04 S66L I.udv '00~ LLUO_-I Sd 966L 3. ~,ddree~ed to: 0 Ce~e~ 0 Insured plli'Ielem~e [] coo ~ Ac~rea~ (O/~'/f rmTuma~ Ud) bomestic Return ReceJp' 0 Reg~tered O ~ [] RatumRe/iXf~rl~ [] COD P 331. 'qj!r '731, ~.~,, ~ R~i~ ~ Mad ~. ~ ' ~ us p~ . ~ ~m ~ p~. ~;~ Red,pt for Ceeifi~ ~ ~ ~ ~t u~ for Intema~ ........ ~,-~~ / .~ ~~ -. ~Jj Do m ~ f~ In~ ~ ~ Do ~ u~ for j ~ s PLANNING BOARD M~MBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LAT~IAM, JR. I~ICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fmx (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 1997 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed minor subdivision for Robert Rowehl SCTIV~ 1000-100-2-6 Dear Mr. Raynor: The following took place at a meeting of the Southold Town Planning Board on Monday, July 14, 1997: The final public hearing, which was held at 4:40 p.m., was held open pending notification of property owners. The hearing will be continued at the Board's August 11, 1997 meeting. Please contact this office if you have any questions regarding the above. Sincerely, Chairman .~uthoid Tawn Pl~nn~a ~ ~ I~ A~liaa~nt ~ Own~ you ~'e here~/given not:lee: '1. That the undersigned has applied to the Planning Board of the Town of SouthoId for a minor sulxIIvlslon. 2. That the properW which Is the subject of the application Is located adJacent to your properW and Is descrlt~ecl as follows: SCTM#'IO00-'IO0-2-6, located on the north side of Oregon RO. and the south side of Sound View Ave., in Mattitucl(. 3. That the property which is the subject of this appllcaUon is located In the Agricultural- Conservation (A-C) zone. 4. That the application is for 3 lots on 37.2581 acres. 5. That the flies pertaining to this application am open for your information during normal I~uslness Clays between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-~1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, July ~4, q997 at 4:40 p.m. in the meeting hall at SoutholO Town Hall, Main Rd., Southolcl; that a notice of such hearing will be published at least five aays prior to the date of such hearing in the Suffolk Times0 published In the Town of Southolcl; that you or your representative have ~e right to appear aha De heard at such hearing. SERVI~;TJ~; P 336 411 434 USP~S~ Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail 336 4~1 43 US Pcetal Sewice Receipt for Certified No Insurance Coverage ProVided. 336 4~,1 433 Ipt for Certified Mail ance Coverage Provided. ~e for Intemational N Notice of Public Hearing NOT[CE IS HEREBY GIVEN thel pursuant m Section 276 of tim Town Law, and Article X~ of the code of the Town of So~thold, a public hearin~ will be held by the Southold Town plaonjnB BO~, at the Town Hail, Main Road, Somhoid, Hew Ymk i~ ~mld Town on the 14th day of July, 1997 m~ the question of the followlns: 4:30 P.M. Public hearing for the pro- posed ~t off for Elsie L. Parktn, in Cutchog~, Town of Southold, County of Suffolk, State of New Yorit, Suffolk County 'l~.x Map Number 1000-104-4. 27. The Wop~rty is bordered on the no~h by land now o~ fore.fly of Mammon, by land now or fmmedy of {~dlty and by land now or fo~neriy of Wolieben~ on Ihe east by land now or formerly of Patmect; on the sonth by Skunk Lane (or Bay Ave.); and o~ the we~ by land now or formerly of Kelly. 4:35 EM. Public hearing for the pro- posed site plan for Brondwnter's Cove Marina, in Cutcbogue, Town of Sonthold, County of Suffolk, State of New York. Suffolk County TBs Map Number 1000-104-8-2,5. The property is bordered on the noflh by Ba~ Ave.; on the east by land now or formerly of Weak; on the soath'.as~ by Bro~dwater'a Cove; on the south by land now or formerly of Buheny; and on the west by land now or formerly of Brickley, 4:40 EM. Public hearing for the posed minor subdivision for Rowebl, in Matlituck, Town of Southold, County of Suffolk, State of New York, Suffolk County Tax Map Number 1000-100-2-6. Toe propufly is bordered on the no~h by Sound V~ew Ave.; on the northeast by land now or formerly of Sanford Hanauer A.~oclatea Pen$Jon Fund; on the southeast by land now or formerly of Richard Mags Intervivos Trust, and by land now or formerly of Ralph Badagliacca & Ann Badngllaccn; on the south by Oreson Rd.; on the southwest by land now or formerly of Russell now or formerly of Frank Imbrinon, by land now m formerly of Robert Hariri and Margaret Meada-Hariri, and by land now or formerly of Kim Failon and Cynthia B, Sottyk. Dated: July 1, 1997 BY ORDER OF TIlE SOUTHOLD TOWN ' PLANNING BOARD Chairman 1054-1TJy3 STATE OF NEW YORK) ) said County. beln~ duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME.q, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- PLANNING BOARD ly pub~shed in said Newspaper once each week for ~ weeks st~cce~sively, ~.~.mmenclng on the ;.~._,..day oi~ 19~_~. this Sworn t~l~efore me NOTARY PUBLIC, STATE OF NEW YO~ fi0. 52-4655242, SUFFO?~ COUNIY COMMISSION ~PI~ES AUGUST 31, 19 ~ ~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATH.AM, JR~ RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 June 24, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD · Hen~ Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr, Raynor: The Planning Board has set Monday, July 14, 1997 at 4:40 p.m. for a final public headng on the maps dated Apd124, 1997. Please refer to the enclosed copy of Chapter 58, Notice of Public Headng, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please retum the endorsed Affidavit of Posting and the certified return receipts on the day of, or at the public headng. The following items are required pdor to any endorsement of the subdivision: 1. The draft Declaration of Covenants and Restrictions is in proper form to be filed in the County Clerk's Office. A copy of the recorded document must be submitted to this office. Final maps (five paper copies and two mylars) must be submitted. All maps must contain the fiber and page number of the recorded Declaration of Covenants and Restrictions and a valid stamp of Health Department approval. 3. The park and playground fee of $2,000.00 per vacant lot must be submitted. Draft deeds for Lots 1, 2 and 3 must be submitted. Each deed must provide for access to the applicable lots over the common driveway located on Lot 3. Once the draft deeds are approved, they must be filed when the final subdivision plat is recorded. Please contact this office if you have any questions regarding the above. Sincerely~ ,/" /. Melissa Spiro Planner eric. 320 Love Lane Mattituck, NY June 6, 1997 11952 Southold Town Planning Board Main Road Southol d, NY 11971 RE: Minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Sirs: As requested, please find enclosed a draft of the covenants and restrictions for the above referenced. If these meet with the town attorney's approval, we will have Mr. Rowehl sign them and have them filed in the County Clerk's office. Sincere!~ H~!' R~ynor, Jr. HER :ml Eno. SOUTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 1997 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert l{owehl SCTM# 1000-100-2-6 Dear Mr. Raynor: I have received the revised maps for the above mentioned subdivision, which contain approval from the County Health Services. Please refer to the Board's August 26, 1996 conditional sketch approval which outlines covenants and restrictions which are to be corltained in a Declaration of Covenants and Restrictions. The following items must be contained in the Declaration also: The statement contained in condition Number I that any future development of Lot 3 shail be from the 50 foot access to Sound View Avenue. The Planning Board's standard paragraph in regard to future modification of the Declaration. On October 22, 1996, the Planning Board adopted the Engineering Inspector's report dated October 17, 1997. The report contained the following statement which is to be contained in the section of the Declaration pertaining to the terms for the construction and maintenance of the common driveway: The common driveway which is to provide access to Lots 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. Robert Rowehl May 13, 1997 Page 2 Upon receipt of a draft Declaration of Covenants and Restrictions containing the above mentioned items, the final hearing will be scheduled. Please contact this _office if you have Since~;els[ ,~ // Planner // any questions regarding the above. Submission Without a Cover Letter Sender: SCTM~: lO00- Date: 5- PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 1997 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: On January 29, 1997, I received 4 my]ars and 2 paper prints of the above mentioned subdivision all containing the Health Department exemption stamp. Please refer to your records for additional information which must be shown on the final map and which must be submitted to the Planning Board prior to the Planning Board's final review and the scheduling of the final public hearing. Sincerely, ~ Planner -- PLANNING BOARD MEMBE~ RICHARD G. WARD Chairman GEORGE t~ITCI-IIE LATHAM, JR. BENNETT OP~LOWSK~, JR. WILLIAM J. CREMERS KJ~NNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 22, 1996 PLANNING BOARD OFFICE TOWN OF SOUTI-IOLD Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 21, 1996: BE IT RESOLVED to adopt the Engineering Inspector's report dated October 17, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: James Richter, Engineering Inspector RAYIFFOND L. SUPERINTENDENT SOUT~OLD TOWlqHiG~UWAY DEPARTMENT Fax. (516)-765-1750 A. RICHTER, R.A. ENGINEERING INSPECTOR PECONIC LANE, PECCNIC, N.Y. Tel. (516)-?~5-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 1'1971 Re: Robert Rowehl - Minor Subdivision SCTM # 1000- 100- 02- 06 September 23, 1996 Dear Mr. Ward: As per your request, I have reviewed the above referenced proposed minor subdivision for potential drainage concerns. The Planning Board had decided that no roads will be required at this location. When access driveways are constructed they should be graded so that all run-off is contained on site. Access to the first two lots will be over a common driveway. As per the Planning Board direction, this driveway shall be located within a 50' wide strip of land attached to tot # 3. This common driveway should be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. If you have any questions concerning this report, please contact my office. Raymond L. Jacobs (Superintendent of Highways) /~incerely, ~ 320 Love Lane Mattituck, NY 11952 October 1, 1996 Southold Town Planning Board Main Road Southold, NY 11971 RE: Minor subdivision of Robert Rowehl at Oregon Road, Mattituck, New York Dear Sirs: As requested, please find enclosed Mr. Rowehl's check for $400 for the environmental review fee for the above referenced minor subdivision. Sincerely, }{ER: ml Enc. PLANNING BOARD M~MBER~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. W~LLIAM J. CREMERS K~NNETH L, EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 1, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Minor subdivision for Robert Rowehl SCTM# 1000-100-2~ Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1996: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if there are any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD M~EMBERS RICI-L~.ED G. W.~RD Chairman GEORGE RITCYIIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fa~ (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOW~ OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 30, 1996 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed minor subdivision for Robert Rowehl SCTM#: 1000-100-2-8 Location: north side of Oregon Rd. and the south side of Sound View Ave. in Mattituck. SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Subdivision of 37.2518 acre parcel into 3 lots; lot 1 is for 5 acres, lot 2 is for 5 acres, and lot 3 is for 27 acres. Lots 1 & 2 will be covenanted for no further subdivision.in perpetuity. Page 2 SEQR Negative Declaration -Robert Rowehl September 30, 1996 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The site does not contain any significant environmental resources or exhibit environmental resource sensitivity. The proposed project will not create an undue burden on environmental or community resources. A Declaration of Covenants and Restrictions should ensure the establishment and maintenance of the proposed access road and restrict the future subdivision of Lots 1 and 2. There has not been any correspondence received from the Department of Health Service in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required · relevant permits. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Michael D. Zagata, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Water Authority Judith Terry, Town Clerk Applicant maintained in a manner consistent with Town of Southold specifications. Furthermore, no future.sobdivision of Lots ! and 2 is pe .r~nitted. Tl~.e Declaration of Covenants and Restrictions for the proposed subdivision ~s to contain the above conditions. All of the proposed lots conform to the 1Dinimum lot size and setback requirements under the existing A-C zoning. An aerial photograph of the area taken around 1970 shows most of the site cleared and under agricultural use, with the exception of the southern portion of the site which appears to cont__~in structures and l~ndscaping, The portion of the site near Oregon Road is presently developed with a two-story residence, three metal barns and several silos. Most of the remo!nder the site is currently occupied by agricultural fields. Due to current use, the site is anticipated to support various species of avian wildlife and small mammals. Field inspection and reference review found the follow?g with regard to site resources. The site was inspected and found to primarily contain softs conducive to leaching -- Haven loam and Riverbead sandy loam. The site has a topographical relief of approximately 40 feet, with a maximum height of appro~mately 90 feet and a ininimllm height of approximately 50 feet. The surface of the site isgently sloping, with slopes up to approximately 8percent on the northern portion oftbe site. The elevatio, n of groundwater beneath the site is about 3 feet above mean sea level (msl), resulting in a depth to water of between 47 and 87 feet. In consideration of on- site soils and the depth to groundwater beneath the site, no limitations or concerns are anticipated with the.use of conventional subsurface sanitary disposal systems on the subject site. According to the North Fork Water S.u~pp.l~y Plan map, it appears that the site is 1 .o.c,..ated outside of the Water Budget Area. Similarly, the Aldicarb Conbamln~.tlon Areas map, depicting areas having groundwater ald!carb concentraUons over 7 ug/l, does not appear to include the subject site. However, the southern portion of the site appears to be located within a Nitrate Concentration A~..e.a, with nitrate concentrations over 8 rog/1. As private wells are intended to be u ~tiliz~..d by each of the lots for drinking water su~pply, adequate water source for each lot w~ll have to be demonstrated to the satisfacuon of the SCDHS. Lands to .tl~e east, west and south of the site are under agricultural use, with single family residences located along .Oregon Road and ElijaJa's Lane..Residential uses are also located to the north of the site along Sound View Avenue, with recent residential development extending south of Sound View Avenue, occupying former agricultural fields. Based on conditions on the site and area, the proposed land use concept is adequate. There are no si~nificant .sensitive environmental resources on the subject site that would warran.t preservation. Visual impacts from perspectives along Oregon Road will be minim~7.e¢.t, due to the distance of Lots i and 2 from the roadway and the exis.tence of re~dential development in the area of the proposed lots. The two addition~? dwe .ll~ngs on the subje~ site wiil create a slight increase in demand for commRRlty services, including police, fire and school d~stricts. ENVIRONMENTA~ ~ CONSULTANTS Robert Rowehl @ Mamtuck Lon~ FAF Review The site does not contain any significant environmental resources or exhibit environmental r~source sensitivity. The proposed pr. oject will not create an undue burden on environmental or comm.~ll, li. 'ty resources. A Declaration of Covenants and Restrictions should ensure the establishment and maintenance of the proposed access road and restrict thc future subdivision of Lots 1 and 2. If the Board is in agreement with this review, the proposed action does not appear to warrant the preparation of an environmental impact statement, therefore a negative declaration would be .ai~propriate. The Board should ensure that site use and design are addressed to their satisfaction through deliberation and hearings on the project. If you have a~.~/questions or wish any further input with regard to this matter, please do not hesitate to call. eno' Long EAF Parts I & II E N VI RO N M E NTA~ ~/~ CONSULTANTS RAYMOND L. ]AC~)OBS SUPERINTENDENT SOUTHOLD TOWN~IGHWAY DEPARTMENT Fax.(516)-765-1750 ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Robert Rowehl - Minor Subdivision SCTM # 1000 - 100 - 02 - 06 September 23, 1996 Dear Mr. Ward: As per your request, I have reviewed the above referenced proposed minor subdivision for potential drainage concerns. The Planning Board had decided that no roads will be required at this location. When access driveways are constructed they should be graded so that all run-off is contained on site. Access to the first two lots will be over a common driveway. As per the Planning Board direction, this driveway shall be located within a 50' wide strip of land attached to lot # 3. This common driveway should be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. If you have any questions concerning this report, please contact my office. CC: Raymond L. Jacobs (Superintendent of Highways) SEP 2 4 ' PLANNING BOARD WIEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, J~. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 1996 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Minor Subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: The Planning Board has reviewed the above mentioned site and has determ/ned that a firewell will not be required for the proposed subdivision. Please contact this office if you have any questions ~egarding the above. Sincerel.y, ~ Mol/ssa Spf~o ' Planner 320 Love Lane Mattituck, NY 11952 September 8, 1996 Southold Town Planning Board Main Road Southold, NY 11971 RE: Rowehl minor subdivision Dear Sirs: at Oregon Road, Cutchogue, New York Please advise as to what will be required for the above referenced minor subdivision with respect to firewells. Should you want us to forward a copy of the subdivision plan to the local fire district, please advise. Your prompt attention to this request is appreciated. Sincerely, Henry~Ra nor HR:ml cc: Robert Roweh~ RESOLUTION: REFERRALS OF MINOR SUBDIVISION APP. LICATIONS~ PROM SOUTHOLD TOWN PLANNING BOARD DATE~ July 12, 1994 U~N A MOTION MADE BY Commissioner Seo~e Wo~ihu11 . ~9 AND SECONDED BY Commls~ioner Georae Lessard Sr. THE BOARD OF COMMISSIONERS OF THE MATTITUCK FIRE DISTRICT VOTED UPON THE FOLLOWING RESOLUTION WHEREAS, the Code of the Tow~ of Southold authorizes the Southold Town Planning Board to review and approve or deny applications for the subdivision of real estate and~ WHEREAS, the Town Code includes a provision with respect to the n~mber and location of fire wells and/or fire hydrants to be located within subdivisions and that the number and location of any fire hydrants and/or firewells shall be deter~ined by the Planning Board and~ WHEREAS, determination the Town Code further provides that in making the with respect to fire wells and/or hydrants, the Planning Board of the Town of Southold may seek the recommendation of the Commissioners of the Fire District in which the proposed subdivision is located and~ WHEREAS, the Southold Town Planning Board has requested recommendations from the Board of Fire Commissioners of the Mattituck Fire District with respect to both major subdivisions consisting of four or more lots and minor subdivisions consisting of less than four lots of subdivisions located within the Mattituck Fire District and~ WHEREAS, after due and careful consideration it is determined that the Board of Fire Commissioners ofthaMettituck Fire District is desireous of offering its recommendations to the Southold Town Planning Board with respect to applications for major subdivisions and for applications with respect to non-residential property uses including minor and major subdivisions and site plan reviews and; WHEREAS, the Board of Commissioners of the Mattituck Fire District is no longer desirous of providing a recommendation to the Southold Town Planning Board with respect to minor subdivisions of residential property; NOW, THEREFORE, BE IT RESOLVED, that the Board of Fire Commissioners of the Mattituck Fire District shall no longer provide to the Southold Town Planning Board a recommendation with respect to the number or location of fire wells and/or hydrants on applications for the approval of minor subivisions of residential property consisting of less than four lots, and be it further RESOLVED, that the District Secretary is directed to forward a copy of this resolution to the Southold Town Plannning Board. ROLL CALL VOTE: JOHN M. DIVELLO: YES WALTER KOSIANOWSKI: YES THOMAS WOODHULL: YES JOHN C. HARRISONz YES GEORGE LESSARD, SR.: YES / ~ttituck Fire Di D~NIED .s$1oners rict PLANNING BOARD MEMBE~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 27,1996 Charles Voorhis and Associates, Inc. 54 North Country Rd Miller Place, NY I 1764 Re: Review of EAF for Robert Rowehl SCTM# 1000- 100-2-6 Dear Mr. Voorhis: The Southotd Town Planning Board hereby refers the Environmental Assessment Form for the above mentioned subject to your office for review. A~so enclosed are: Map dated December 15, 1995 Planning Board resolution dated August 26, 1996 The Planning Board started the lead agency coordination process on August 26, 1996. The $400 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination atthe September 30, 1996 public meeting. Please submit your report.no later than September 23, 1996 in order for the Board to review it before the meeting date. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Sincerely, Richard G. Ward Chairman enc, PLANNING BOARD M~EMB]~ P..[CHARD G. WARD Chairman GEORGE RITC~IE LATHA~, JR. BENNETT OP,.LOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear .Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your-jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (FAF) to assist you in your response. Requested Action: /~{¢1~'~- SEQRA Classification: ( ) Type I ~) Unlisted Contact Person: ~[~.~-a R~,'¢~* (516) 765-193'8 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. W~thin thirty (30) days of the date of this letter, please respond in writing whether or not you I~ave an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( )- Other (see comments below) Comments: Please feel free to contact this office for further information. Sincerely, Richard G. Ward Chairman Building Department Southold Town Board · Suffolk County Department of Health Services NYSDEC - Stony Brook NYSDEC - Albany , ..,~ ....... ;'.., ,r't'. .... '" "' . ,,,~,§o -'--:-: ...... Suffolk County Water Authority *Maps are enclosed for your review rev. 4/94 PLANNING BOARD MEMBE~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. V~ILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southotd Town Planning Board hereOy refers the following application for your review. Application Name: Tax Map No,: Street Location: Hamlet Location: 1000- Type of Application: X Sketch Subdivision Map (Dated I-1. / 13 / ~5 ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated /' / Road Profiles (Dated Grading and Drainage Plans (Dated Other ~, ~. c~-~d~;~ [¢~tlE (Dated / / / / ) Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) PLANNING BOARD MEMBERS~ RICHARD O. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMER$ KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 27, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD _Henry Raynor P.O. Box 1459 MaRituck, NY 11952 Re: Minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, August 26, 1996: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated December 13, 1995 with the following conditions: Proposed Lot Number 3 is to be designed as a flag lot with a fifty (50) foot wide access to Sound View Avenue. Any futUre development of Lot 3 shall be from the 50 foot access to Sound View Avenue. A common driveway, providing access to lots 1 and 2, shall be located within the 50 foot access to Lot 3. Terms for the construction and maintenance of the common driveway must be contained in a Declaration of Covenants and Restrictions for the subdivision. The deeds for Lots 1 and 2 must provide for access over the common driveway located on Lot 3. There is to be no further subdivision of either Lot 1 or Lot 2, in perpetUity. This restriction shall be contained in the Declaration of Covenants and Restrictions. Page 2 MinorsubdivisionforRobeA Rowehl August 27,1996 Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board may require covenants and restrictions, in addition to the ones mentioned above, upon review of the final maps. You will be notified if any additional covenants and restrictions are required. A $400 review fee is required for the SEQRA review. This fee must be submitted before the SEQRA review can be completed. The sketch plans have been referred to the Mattituck Fire Department for their recommendation as to whether a firewell is necessary for fire protection. You will be notified if a firewell is required. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38 (e) of the Town Code. The amount to be deposited with the Town Board shall be $4,000.00 . (two thousand dollars per vacant lot in the subdivision.) Payment is required prior to any final endorsement of the subdivision. Please contact this office if there are any questions regarding the above. Sincerely, Richard G~ Ward Chairman PLANNING BOARD MEMBE~ RICI--IA. RD G. WARD Chairman GEORGE RITCI-IIE LATHAM, JR. BENNETT oRLOWSKI, JR. WILLIAM J. CREMERS KENNETH L- EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PEA_N'NING BOARD OFFICE TOWN OF SOUTHOLD 1996 John A. Keogh, Secretary Mattituck ]~ire District, Pike St. Mattituck, NY 11952 Dear Mr. Keogh: i~nclosed please find two (2) surveys dated ~. la,. Iqqs- for $CTM# i000- The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. Please reply by cooperation. The enclosed subdivision is being referred to you for your recom- mendat,ion at [o whether any firewells are needed. Please specify whether firewells are shalIow or electric, 1996. Thank you for your Sincerely, Richard G. Ward Chairman eric. PLANNING BOARD M~MBERI!I RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANHING BOARD OFFICE TOWN OF SOUTHOLD March 4, 1996 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: Enclosed please find Mr. Rowehl's check in the amount of $2,000.00. The application fee for a minor subdivision is five hundred dollars ($500) per lot, together with an inspection fee of one thousand dollars ($1,000.00). Therefore, the fee for the above mentioned minor subdivision is $2,500.00. This application will remain incomplete until the correct application fee is received. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner enc. 320 Love Lane Mattituck, NY 11952 February 14, 1996 Southold Town Planning Board Main Road Southold, NY 11971 RE: Minor subdivision of Rowehl Dear Sirs: Please find enclosed the following: 1) 2) 3) 4) 5) 6) 7) Please review same. Sincerely, at Mattituck, New York subdivision application application fee questionnaire Long Environmental Assessment Form Copy of deed Letter of authorization surveys We await your response. Henry E. Raynor, Jr. HER:m1 Encs. PLANNING BOARD MI~MB~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. cREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 4, 1996 Henry Raynor P.O. Box 1459 Mattituck, NY 11952 Re: Proposed minor subdivision for Robert Rowehl SCTM# 1000-100-2-6 Dear Mr. Raynor: Enclosed please find Mr. Rowehl's check in the amount of $2,000.00. The application fee for a minor subdivision is five hundred dollars ($500) per lot, together with an inspection fee of one thousand dollars ($1,000.00). Therefore, the fee for the above mentioned minor subdivision is $2,500.00. This application will remain incomplete until the correct application fee is received. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner eno, PROPOSED DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration, made and dated the day of , 2007, by ROBERT G. ROWEHL, an individual residing at 2755 Oregon Road, Mattituck, New York 11952, hereinafter referred to as the "Dec 1 arant". WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land designated on the Suffolk County Tax Map as District 1000, Section 94, Block 4, Lots 1 and 2, and Section 100, Block 2, Lot 6.1 described in Schedule "A" annexed hereto and made a part hereof, hereinafter referred to as the "premises"; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to modify certain provisions of the Declaration of Covenants and Restrictions applicable to the premises dated April 2, 1998, recorded in the Office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457; NOW, THEREFORE, in consideration of the premises, the Declarant herein declares that with the consent of the Planning Board of the Town of Southold after public hearing, that the Declaration of Covenants and Restrictions applicable to the premises dated April 2, 1998, recorded in the Office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457, is hereby modified as follows: Avenue. 2. Access to Lot 94-4-1 shall be permitted from Sound View Access to Lot 94-4-2 shall be provided over a single common access over Lot 100-2-6.1. The common access or right-of- way over Lot 100-2-6.1 from Sound View Avenue shall be build according to Town of Southold requirements. 3. The construction and maintenance of a common access or right-of-way providing access to Lot 94-4-2 and Lot 100-2-6.1 from Sound View Avenue shall be the responsibility of the fee owner of the said lots. 4. Run-off associated with the future construction of the common access shall be contained on site. 5. There shall be no further subdivision of Lot 94-4-1 or Lot 94-4-2 in perpetuity. 6. These amended Declaration of covenants and Restrictions shall render void the map notations which (a) identify the "area to provide common driveway access for Lots 1 and 2" and (b) state that "no vehicular access" for Lot 1 shall be permitted, as shown on the approved subdivision map (Filed Map #10209). 7. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns, any owner of any portion of the aforementioned premises, their © heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, his heirs, legal representatives, distributes, successors, assigns and transferees. ~ In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributes, successors and assigns, to enforce the conditions and restrictions of these covenants. C These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Robert G. Rowehl STATE OF NEW YORK ) ) Ss: COUNTY OF SUFFOLK ) On the __ day of , 2007, before me personally came ROBERT G. ROWEHL known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 03/23/200? i::42 FAX "" .... **~ T~OMEY LATHAM ~008/006 DECLARATION OF COVENANTS AND R]~ST]~!_CTIONS This Declaration, made and dated the day of April, 2007, by ROBERT G. ROWEHL, an individual residing at 2755 Oregon Road, Mattituck, New York 11952, hereinafter referred to as the "Declarant-. WITN~SSBTH: WHF/~EAS, Declarant is the owner in fee simple of a certain pazcel of land designated on the Suffolk County Tax Map as District 1000, Section 100, BlOCk 2, LOt NOS. 4-1, 4-2, and 6.1 described in Schedule "A" annexed hereto and made a part hereof, hereinafter referred to as the "premises"; and W~4E~2%S, the Declarant has applied to the Planning Board of the Town of Southold for approval to modify certain provisions of the Declaration of Covenants and Res=riotions applicable to the premises dated April 2, 1998, recorded in the Office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457; NOW, T~EP~EPOBE, in consideration of the DreSses, the Declarant herein declares that with the consent of the Planning ~oard oX the Town of $outhold after ~ublio hearing, that the Declaration of Covenant~ and Restriction~ applicable to the premi~e~ dated April 2, 1998, recorded in the office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457, are hereby modified as follows: G$~$~1250 T~OME¥ LATHAW ~ 00¢/006 1. Any further deweiopment of Lot No. 4-1 shall provide for direct driveway access from Sound View Avenue to be built according to highway specifications of the Town of Southold. 2. Any further development of Lot NOS. 4-2 and 6-1 s~all provide for the construction of a common access or right-of-way over LOt No. 6-1 from Sound View Avenue to De built according to highway specifications of the Town of Southold. 3. The construction and maintenance of a common access or right-of-way providing access to Lot Nos. 4-2 and 6.1 from Sound View Avenue shall be the responsibility of the fee owner of the said lots. 4. The common access Or right-of-way providing access to Lot Nos. 4-2 and 6.1 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property ia~ediately to the west. 5, The development rights to approximately 3 acres of Lot No. 6.1 shall remain intact and that poztlon of Lot No. 6.1 shall have direct driveway access from Oregon Road. 6, There shall be no ~urther subdivision of Lot Nos. 4-1 and 4-2 in perpetuity. 7. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants ruffling with the land and shall continue and remain in full fores and effect at all tim~s as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and ~8,~7A~25~ T~OMEY LATHAW restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, hie heirs, successors and assigns, any owner of any portion of the aforementlonedpremlses, their heirs, successors and assigns, and the Town of Sou~hold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right ~o do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Sou=hold or any Of its designated representatives to in,peet any 8~eas designated as open space, ¢o~on areas or similar nomenclatures so as to insure continued compliance with the Covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Decl=rant grants the continuing right in perpetuity to ~he Town of Sou=hold or any of its designated representativms to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, hie heirs, legal representatives, distributes, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions o~ these covenants, the Planning Board shall also have the authority, through appropriate legal action and sfter due notice to the Declarant, his heirs, executors, legal representatives, distributes~ successors and assigns, to enforce the conditions and restrictions Of ~hess covenants. 05/23?200; 11:~ F&ii 63!5~'4125:4 T~OMEY LATHAM ~OO8/OOB Theee covenants and restrictions can he modified only at the request of the then owner of the p~e~i~es with the approval of a majority Of the Planning Board of the TOwn of Southold, or its muccessor body, after a public hearing. Adjoining property owners shall be entitled to notice o~ such public hearing, but their consent to such modification shall not be required. Rober~ G. Rowehl STAT~ OF NEW YOP. K COUNTY OF SUFFOLK On the day of , 2007, before me personally c~me ROBERT G. ROWEHL known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the ind/vidual, or the person upen behalf of which the individual acted, executed the in~tr~a~nt. Notary Public 4 SOUIHOLD ] DECLARATION OF COVENANTS AND RESTRICTIONS THIS I~DENTURE made this day of , 1997, by ROBERT RO~EHL, residing at 2755 Oregon Road, Mattituck, New York, hereinafter called the DECLARANT. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Oregon Road, Mattituck, Town of Southold, County of Suffolk, State of New York, designated on the Suffolk County Tax Map as District 1000, Section 100, Block 2, Lot 6 containing approximately 37.2518 acres, being the same premises acquired by the DECLARANT by deed dated April 3, 1973 and recorded in the Suffolk County Clerk's Office at Liber 7371, Page 590, hereinafter referred to as the "premises" and WHEREAS, the Declarant intends to subdivide ~aid premises for residential purposes and desire to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold, and WHERAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 37.2518 acres into three (3) lots, NOW, THEREFORE, the Declarant does hereby declare that the aforementioned said premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. Should access to Lot Number 3 be provided within the 50 ft wide right-of-way, the common driveway shall be replaced by a road to Town specifications. 2. The construction and maintenance of the common driveway providing access to lots 1 and 2 shall be the responsiblity of the owners of lots 1 and 2. 3. The common driveway which is to provide access to Lots 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. 4. There shall be no further subdivision of either Lot 1 or Lot 2, in perpetuity. -1- 5. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southo]d or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representataives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, her heirs, executors, legal representatives, distributees, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributees, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the a~proval of a majority of the Planning Board of the Town of Southo]d, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. ROBERT ROWEHL -2- SOUTHOLD TOWN RANNINO BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS INDENTURE made this day of , 1997, by ROBERT ROWEHL, residing at 2755 Oregon Road, Mattituck, New York, hereinafter called the DECLARANT. WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Oregon Road, Mattituck, Town of Southold, County of Suffolk, State of New York, designated on the Suffolk County Tax Map as District 1000, Section 100, Block 2, Lot 6 containing approximately 37.2518 acres, being the same premises acquired by the DECLARANT by deed dated April 3, 1973 and recorded in the Suffolk County Clerk's Office at Liber 7371, Page 590, hereinafter referred to as the "premises" and WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desire to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold, and WHERAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 37.2518 acres into three (3) lots, NOW, THEREFORE, the Declarant does hereby declare that the aforementioned said premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. Any future development of Lot #3 shall be from the 50 foot access to Sound View Avenue. 2. The construction and maintenance of the common driveway providing access to lots 1 and 2 shall be the responsiblity of the owners of lots 1 and 2. 3. The common driveway which is to provide access to Lots 1 and 2 is to be graded and constructed in such a manner that all runoff generated within the subdivision is contained on site so that it will not impact the adjacent property immediately to the west. 4. There shall be no further subdivision of either Lot 1 or Lot 2, in perpetuity. -1- 5. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representataives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, her heirs, executors, legal representatives, distributees, successors, assigns and transferees. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributees, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. ROBERT ROWEHL -2- STATE OF NEW YORK) COUNTY OF SUFFOLK) On this day of ROBERT ROWEHL, to me and who executed the they executed same. , 1997, before me personally came known to be the individual described herein foregoing instrument and acknowledged that NOTARY PUBLIC September 23, 1996 Mr. Richard Ward, Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 SEP 2 ? Re: Review of EAF Robert Rowehl SCTM No. 1000-100-02-06 Dear Mr. Ward: As per the your request, we have completed a preliminary review of the above referenced project. Tasks and completed activities are identified as follows: Review Pan I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. Prepare Part lI LEAF The Part II LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. Environmental and Planning Considerations The subject site has been inspected and environmental references concerning the site and area have been consulted. The site consists of 37.25 acres of land and is located on the north side of Oregon Road, ira. raediately west of Elijah's Lane in Mattituck, Town of Southold, New York. The site is generally rectangular in shape and extends approximat, ely 3,551 feet north of Oregon Road to the south side of Sound View Avenue. Site width varies from approximately 495 feet on the southern portion of the site to 425 feet on the northern portion of the site. The proposed action involves the subdivision of the land into three lots for single- family residential use. Lot 1 (5.0 acres) is proposed to be located at the northern end of the site, with frontage on Sound View Avenue. Lot 2 {5.227 acres) is proposed to be a flag lot located immediately to the south of Lot 1, w~th access gained from Sound View Avenue. Lot 3 (27.025 acres) is to be located to the south of Lot 2, with frontage on Oregon Road. The Southold Town Planning Board adopted a resolution granting sketch site plan approval for the proposed project on August 26, 1996. As a condirtion o.f this approval, proposed Lot 3 is to be designed as a flag lot, with a 50 foot w~de access to Sound View Avenue. Any future development of Lot 3 must be accessed from this route. Additionally, a common driveway to proposed Lots 1 and 2 is to be located within the 50 foot wide access to Lot 3. The access way is to be constructed and 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764" (516) 331-1455" FAX 331-8046 STATE OF NEW YORK) COUNTY OF SUFFOLK) On this day of , 1997, before me personally came ROBERT ROWEHL, to me known to be the individual described herein and who executed the foregoinG instrument and acknowledged that they executed same. NOTARY PUBLIC LASER FICHE FORM SUBDIVISIONS Proiect Type: Minor Status: Final Approval SCTM #: 1000 - 100.-2-6 Proiect Name: Rowehl, Robert Location:north side of Oregon Rd. & the south side of Soundview Ave. in Mattituck Hamlet: Mattituck Applicant Name: Robert Rowehl Owner Name: Robert Rowehl Zone 1: A-C Approval Date: 6/15/98 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's: Homeowners Association: R and M Agreement: Address: north side of Oregon Rd. & the south side of Soundview Ave. in Mattitu County Filing Date: SCAN Date: